Post-9/11 Case Weighs on Mukasey Confirmation

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Source: ABC News

Use of Witness Detainment Law Likely to Spark Questions from Senators

Osama Awadallah has a different perspective on attorney general nominee Michael B. Mukasey — he once appeared before the then-federal judge in shackles.

The Jordanian-born San Diego resident was arrested as a material witness after 9/11 because his phone number was found on a piece of paper in the abandoned car of one of the hijackers who flew American Airlines Flight 77 into the Pentagon.

It was Mukasey, then serving as the chief judge of the Southern District of New York, who signed a material witness arrest warrant for Awadallah, and an appeals court later upheld the use of the statute for such cases.

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Awadallah was detained for 20 days in San Diego, then flown to New York City where he appeared before Mukasey. In a transcript of the Oct. 2, 2001, hearing, unsealed four months later, Awadallah's lawyer complains about his client's treatment.

The lawyer, Randall B. Hamud, told Mukasey, "Mr. Awadallah has informed me that, while in custody, he was beaten physically." Mukasey, who had a widely held reputation as a tough but fair judge responded, "As far as the claim that he was beaten, I will tell you he looks fine to me."

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He was released on bail and spent five years trying to clear his name. He was eventually acquitted of all charges. While his trial was pending, he graduated from college.

Read more: http://abcnews.go.com/TheLaw/story?id=3732586&page=1