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Tuesday, October 23, 2007
A tale of two decisions (or, how the FBI gets you to confess)
posted by Wally
7:48 AM

FBI threatens to have man's family tortured unless he confesses to crime he did not commit. Court orders torture threat kept secret and asks that nobody mention it in public.
The long and the short of it was that an Egpytian national, Abdallah Higazy, was staying in a hotel in New York City on September 11 and the hotel emptied out when the planes hit the towers. The hotel later found in the closet of his room a device that allows you to communicate with airline pilots. Investigators thought this guy had something to do with 9/11 so they questioned him. According to Higazi, the investigators coerced him into confessing to a role in 9/11. Higazi first adamantly denied any involvement with 9/11 and could not believe what was happening to him. Then, he says, the investigator said his family would go through hell in Egypt, where they torture people like Saddam Hussein. Higazy then realized he had a choice: he could continue denying the radio was his and his family suffers ungodly torture in Egypt or he confesses and his family is spared. Of course, by confessing, Higazy's life is worth garbage at that point, but ... well, that's why coerced confessions are outlawed in the United States.

So Higazy "confesses" and he's processed by the criminal justice system. His future is quite bleak. Meanwhile, an airline pilot later shows up at the hotel and asks for his radio back. This is like something out of the movies. The radio belonged to the pilot, not Higazy, and Higazy was free to go, the victim of horrible timing. Higazi was innocent! He next sued the hotel and the FBI agent for coercing his confession. The bottom line in the Court of Appeals: Higazy has a case and may recover damages for this injustice.
The opinion was posted on a couple of legal blogs (see link below for the full article and details), and very shortly thereafter the Court of Appeals pulled the opinion from their site, and called the legal blogs and told them to pull down the posts. The blogs (thankfully) refused.

The next day the opinion was re-issued online, this time omitting the part about how the FBI used the threat of torture in order to get the false confession.
That's how they do it, folks. If a foreign national is suspected of terrorist activity, the FBI will threaten to have a brutal foreign government punish his family. And punishment in a place like Egypt is not like punishment here. Punishment here consists of solitary confinement and a very long prison term. Punishment over there is torture.
You can find links to both versions of the entire opinion, or just read the good parts (i.e. what got redacted) at the link below.

We Don't Do Torture

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