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U.S. v. AWADALLAH

Docket No. 02-1269.

349 F.3d 42 (2003)

UNITED STATES of America, Appellant, v. Osama AWADALLAH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2003.

Attorney(s) appearing for the Case

James B. Comey, Jr., United States Attorney for the Southern District of New York, New York, New York (Robin L. Baker, Karl Metzner, Celeste L. Koeleveld, and Christine H. Chung, Assistant United States Attorneys, on the brief), for Appellant.

Robert J. Boyle, New York, New York, for Defendant-Appellee.

Lawrence Mark Stern, New York, New York, for Defendant-Appellee (Jesse Berman, Of Counsel, on brief).

Diana D. Parker, New York, New York (Victor J. Rocco, President, New York Council of Defense Lawyers; Daniel J. Horwitz and Lorraine R. Doran, Carter, Ledyard & Milburn, on the brief), for the New York Council of Defense Lawyers as Amicus Curiae in Support of Defendant-Appellee.

Arthur N. Eisenberg, New York Civil Liberties Union Foundation, New York, New York (Laura W. Guthrie, New York Civil Liberties Union Foundation; Jethro M. Eisenstein, Profeta & Eisenstein; Steven R. Shapiro, Lucas Guttentag, and Robin L. Goldfaden, American Civil Liberties Union Foundation, on the brief), for the American Civil Liberties Union and the New York Civil Liberties Union as Amici Curiae in Support of Defendant-Appellee.

Before: JACOBS and STRAUB, Circuit Judges, and CARMAN, Chief Judge.

Judge STRAUB concurs in the opinion except as to Part II.C.3, and has filed a separate concurrence.

JACOBS, Circuit Judge.

This appeal, which arises from the government's investigation of the September 11, 2001 terrorist attacks, presents questions about the scope of the federal material witness statute and the government's powers of arrest and detention thereunder. See 18 U.S.C. § 3144. The district court

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