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John Daley ReportingSusan Burke, Attorney for Shawqi Omar: "They've held him without charge. They've held him without giving him access to a lawyer. Those are basic constitutional rights that every American is entitled to."
A US citizen with Utah ties is now in custody in Iraq and at the heart of a high-profile court fight. There are more questions tonight about the man named Shawqi Omar.
Omar is now a prisoner of coalition forces, in Iraq, as an enemy combatant. Court documents and an NBC News investigation revealed his Utah connections. Our John Daley has discovered information in those documents that raises new questions.
According to court documents, Omar is an American citizen who lived in Utah in the 80s, and he and his American-born wife had two of their six children here. We were able to confirm his attendance at one Utah college.
US authorities believe the man, who once lived in Utah, is closely connected to Osama Bin Laden and Iraqi insurgent, Abu Musab Al-Zarqawi. But his brother in California says he's sure they're wrong.
Bassam Omar, Brother of Shawqi Omar: "He is not a terrorist. It's all a big mistake and it's not fair to him or us."
In Iraq, US authorities believe Omar is behind many of the deadly attacks against American and other coalition soldiers. According to his American-born wife Sandra, Omar was born in Kuwait but became a citizen while living in Utah. The couple lived in the Salt Lake Valley from September 1984 to April 1989. Two of their children were born here. While here, she says he worked "repairing refrigerators."
Late this afternoon Utah State University confirmed Omar was enrolled there in 1986, but only for one term, and they couldn't determine what he studied.
Meantime, his legal case is loaded with constitutional questions. The US government has labeled him an enemy combatant, not subject to US courts. His attorneys are suing to get the US to either charge him or release him.
Susan Burke, Attorney for Shawqi Omar: "Every United States citizen is entitled to a lawyer. And every United States citizen is entitled to know what its government is claiming it did. Regardless of the fact that the allegations may be dramatic, that does not undercut the fundamental premise that this is an American. You have to abide by the constitution."
Bassam Omar, Brother of Shawqi Omar: "Let him have his fair day in court, that's all."
On Friday, a US District Court judge temporarily blocked the federal government from transferring Omar to the custody of the Iraqi government, noting the move could place him at risk of torture and indefinite confinement.
