A federal judge will weigh dismissing charges against a man accused of lying to a grand jury about the Sept. 11, 2001, hijackers because he was wearing handcuffs during his testimony.

Southern District of New York Judge Shira Scheindlin will hold the hearing Monday, on the eve of opening arguments in the case of Osama Awadallah, whose lawyers cited a U.S. Supreme Court case issued earlier this week that states the shackling of a criminal defendant undermines the presumption of innocence.

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