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[IP] You do NOT have the right to remain silent




Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Mon, 10 Nov 2003 11:49:07 -0500 (EST)
From: David Lesher <wb8foz@xxxxxxx>
Subject: You do NOT have the right to remain silent
To: farber@xxxxxxxxxxxxx (David Farber)


[Dr. F: I can only hope the AP has this wrong. I recall the fuss
where the UK perverted their law into "silence = guilt"... and
it looks like we have now rushed onto the same bandwagon...]



X-URL: http://www.nytimes.com/aponline/national/AP-Attacks-Indictment.html?pagewanted=print&position=

November 8, 2003

Filed at 2:49 p.m. ET

NEW YORK (AP) -- Defense lawyers worry that an appeals court
ruling restoring perjury charges against a college student in the
Sept. 11 probe could force people to report even the slightest
connection to criminals.

The 2nd U.S. Circuit Court of Appeals said Friday that Osama
Awadallah's failure to tell authorities that he knew two of
the Sept. 11 hijackers was reason enough for his arrest --
a vindication of the government's terrorism investigation.
....

The charge against Awadallah had been thrown out by a Manhattan
judge who said the government's jailing of material witnesses
for the grand jury probe was unconstitutional.

The appeals court disagreed, noting that ``in the wake of a mass
atrocity and in the midst of an investigation that galvanized
the nation, Awadallah did not step forward to share information
he had about one or more of the hijackers.''

Awadallah's failure to come forward established probable cause
for his arrest, the court ruled. The FBI found Awadallah after
his phone number was discovered in a hijacker's car.

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