IT DID NOT take long for a split to develop over the constitutionality of a critical tool for investigators probing the Sept. 11 terror attacks – the detention of potential grand jury witnesses under the federal material witness statute.
Southern District Chief Judge Michael B. Mukasey yesterday found that the words of the statute, its legislative history, and the lone appellate court to have “squarely” addressed the issue of detaining witnesses for a grand jury investigation, clearly show the use of the tactic faces “no constitutional impediment.”
