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Wednesday, June 18, 2003

Associated Press

Federal prosecutors are trying to block an Egyptian-born doctor from questioning FBI officials about the agency's role in searching his apartment after the Sept. 11 terrorist attacks.

Basem Hussein, 37, filed a civil rights lawsuit against Sherri Lynn Wilson, the manager of his Lawrence County apartment, and Universal Development Management Inc., the building's Ohio real estate firm, after Wilson notified authorities about an expensive computer and a flight manual for a Boeing 737 in the radiologist's apartment following the attacks.

The flight manual was a popular flight simulator video program, said Hussein's attorney, Craig Fishman.

In his lawsuit, Fishman contends that U.S. Magistrate Judge Francis Caiazza had issued a search warrant of Hussein's apartment "based on false and misleading information." Hussein was never charged.

Fishman wants the magistrate to order FBI Special Agent Denise Valentine to turn over information related to an investigation of Hussein, particularly Wilson's statements. However, the U.S. Attorney's Office in Pittsburgh has filed a motion to block the request.

Assistant U.S. Attorney Rebecca Ross Haywood filed a motion, contending the information isn't authorized for release. Caiazza has given attorneys until June 27 to respond.

According to court records, FBI Chief Division Counsel Jeffrey Killeen wrote in a letter that releasing the FBI's files could interfere with a grand jury investigation and a trial related to the terrorist attacks.

"The disclosure of the FBI information you seek would reveal investigatory records compiled for law enforcement purposes, and may interfere with enforcement proceedings -- including, but not limited to, one case related to the events of Sept. 11, 2001, that is proceeding to trial later this year," Killeen wrote.

FBI spokesman William Crowley said he couldn't comment about Hussein's case.

Hussein's lawsuit says Wilson entered his apartment illegally and maintains that federal authorities searched his apartment because he is Arabic. He is suing for compensatory and punitive damages.