Abdallah Higazy

Abdallah Higazy is a citizen of Egypt residing in the United States. He was arrested following the September 11, 2001 terrorist attacks. He alleges that the FBI threatened to torture his family unless he confessed to being involved in the attacks. [ [http://www.washingtonpost.com/wp-dyn/content/article/2007/10/24/AR2007102402639.html Second Court Ruling Redacts Information About Interrogation - washingtonpost.com ] ] The United States Court of Appeals for the Second Circuit in Manhattan, issued a decision holding that Higazy had stated a 5th Amendment claim, and then removed the decision from the court's website and shortly thereafter replaced it with a redacted version. [ [http://blogs.cnet.com/8301-13508_1-9803883-19.html Court attempts to hide FBI threats to innocent man's family | Media Sphere - Josh Wolf blogs about the new information age - CNET Blogs ] ] [ [http://www.psychsound.com/2007/10/a_tale_of_two_decisions_or_how.html A tale of two decisions (or, how the FBI gets you to confess) (PsychSound by Steve Bergstein) ] ] The redacted version omitted approximately one page of details relating to the FBI's alleged interrogation of Higazy during a polygraph examination.

Facts as Stated by the Court

According to the original opinion, [http://howappealing.law.com/HigazyVsTempleton05-4148-cv_opnWithdrawn.pdf] Higazy was an Egyptian student staying at the Millenium Hilton Hotel near the World Trade Center on September 11, 2001. Hotel security claimed they found an aviation radio in Higazy's safe. The FBI questioned Higazy, guessing he might somehow have been communicating with or aiding the 9/11 pilots. Higazy denied he owned the radio.

The FBI wanted Higazy detained as a material witness, but the federal judge allowed only a 10-day detention, because the evidence suggesting Higazy's involvement in 9/11 was not very strong. On the 9th day, an FBI agent conducted a polygraph test during which, according to Higazy, the agent told Higazy that unless Higazy confessed to owning the radio, they would "make sure that Egyptian security (gave) his family Hell," which both parties understood to include torture. Higazy confessed to owning the radio. A criminal complaint was then filed against Higazy, and he was detained without bail.

Approximately three weeks later, the airline pilot who actually owned the radio returned to the Millenium Hilton Hotel to reclaim his property, which he had left at the hotel. Two days later, Higazy was released after spending a total of 34 days in custody.

The subsequently issued and redacted opinion [http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTQxNDgtY3Zfb3BuLnBkZg=/05-4148-cv_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irlf97f/1/hilite] omits approximately one page of details about the FBI's alleged interrogation.

ubsequent Media Coverage

The CBS television show 60 Minutes interviewed Higazy [ [http://www.cbsnews.com/stories/2004/02/26/60minutes/main602401.shtml A True Confession? , Interrogation Techniques May Lead To False Confessions - CBS News ] ] in 2004, and the CBS website includes most of Higazy's allegations. A newspaper account of the redaction [ [http://www.washingtonpost.com/wp-dyn/content/article/2007/10/24/AR2007102402639_2.html Second Court Ruling Redacts Information About Interrogation - washingtonpost.com ] ] quotes the clerk for the appellate court stating that the decision to reissue the opinion in redacted format was not done at the request of the Justice Department or the FBI, and that the redacted information was originally sealed for the safety of Higazy and his family.

References