
457 F.Supp.2d 239 (2006)
UNITED STATES OF AMERICA
v.
Osama AWADALLAH, Defendant.
No. 01 CR. 1026(SAS).
United States District Court, S.D. New York.
March 22, 2006.
Karl Metzner, Brendan R. McGuire, Assistant United States Attorneys, United States Attorney's Office, Southern District of New York, New York City, for the Government.
Jesse Berman, Elizabeth Fink, Sarah Kunstler, New York City, for Defendant.

OPINION AND ORDER
SCHEINDLIN, District Judge.

I. INTRODUCTION
The selection of a jury for the trial of Osama Awadallah has resulted in an unprecedented problem. In May 2005, the parties selected twelve jurors and three alternates, but before they were sworn the Government took an interlocutory appeal of a pretrial evidentiary ruling. Close to eight months later, the appellate court affirmed the ruling and remanded for trial. The question presented here is whether the original jurors who are stillavailable may be recalled to service or whether the Jury Selection and Service Act ("JSSA") requires a fresh start.

II. BACKGROUND

A. The Charges Against Osama Awadallah
Awadallah is a lawful permanent resident of the United States and a citizen of Jordan, who entered this country in April 1999 at the age of nineteen. In the Fall of 2001, Awadallah was living in San Diego, and beginning his second year at Grossmont *240 College, studying English as a Second Language.[1]
On September 20, 2001, Awadallah was approached at his home by a group of FBI agents investigating the terrorist attacks of September 11, and was subsequently questioned for approximately six hours at an FBI office.[2] He was a subject of FBI investigation because a scrap of paper with the words "Osama 589-5316"