Mike Hawash in New York Times

Warblogging.com ^ | April 4, 2003 | George Paine

[Tolerance Sucks Rocks]

Four days ago Warblogging reported on the story of Maher (Mike) Hawash. Mr. Hawash's problems have now been the subject of an article in the New York Times. Mr. Hawash is a programmer, working at Intel, who was detained by the FBI and Joint Terrorism Task Force as a material witness. He has so far spent just about two weeks in jail without being charged with a crime and without being questioned or told why he is detained. He is being kept in solitary confinement.

Mr. Hawash was detained by FBI agents wearing helments, body armor and carrying assault rifles in an Intel Corporation parking lot as he arrived to work on Thursday, March 20. FBI agents and police officers carrying assault rifles and wearing body armor simultaneously raided his home, waking his wife and their three young children. The search warrant used to search the home and the material witness warrant used to detain Mr. Hawash are both sealed — no one knows what evidence was used to attain them, and they have yet to be challenged in court.

Mr. Hawash was born in the Palestinian Territories but gained his American citizenship more than fifteen years ago. He married an American woman and has three American children. He himself is an American.

"Our friend has fallen into some kind of `Alice in Wonderland' meets Franz Kafka," Steven McGeady, a former Intel VP and webmaster of Free Mike Hawash told the New York Times.

The fact is that the government is abusing the material witness statute to hold Mike. The material witness statute is intended to compel people to testify in court and prevent them from fleeing to avoid testimony.

An Associated Press story on Mr. Hawash said this:

Material witness laws were intended only to ensure testimony, not to hold people indefinitely, said Phil Heymann, a Harvard law professor. "It was not meant to be used this way," Heymann said, noting that the number of material witness detentions has increased since the Sept. 11, 2001, terrorist attack.

Mike hasn't even been told what he'll be asked to testify about, and there is no indication whatsoever that he would seek to avoid testifying. The New York Times article says:

Civil liberties groups say material witness statutes are being abused by the Bush administration to hold people like Mr. Hawash indefinitely. "The government doesn't have and should not have the power to arrest and detain someone without charging them," said Lucas Guttentag, director of the American Civil Liberties Union's Immigrants Rights Project. "If this kind of thing is permitted, then any United States citizen can be swept off the street and locked up without being charged."

This is precisely what happened to Mike Hawash. He was literally swept up off the street and locked up without charge. He has been accused of no crime. He has not been told why he is being detained in solitary confinement. His friends, family and coworkers have been left bewildered. The Justice Department refuses to comment on his detention in any way, shape, or form except to say that there is an "ongoing investigation".

He has been in jail for two weeks without charge. He has not been questioned. Every time he leaves his cell for any reason he is strip searched when he returns.

This, my friends, is not American. This is not supposed to happen in this great country of ours. Charge this man with a crime or release him, Mr. Ashcroft.

I urge you to write letters to the editors of your local newspapers. Call your senators, call your congressmen. Call into your local radio talk shows. Make a fuss. Tell everyone who will listen about Mike Hawash. He deserves it, and so does the next one who will be dragged into this Kafka-esque nightmare.

[Tolerance Sucks Rocks]

The Justice Department refuses to comment on his detention in any way, shape, or form except to say that there is an "ongoing investigation".

Wonderful, just wonderful. THIS is what I stood out in the cold in front of "Cheney's House" in 2000 for?

[Tolerance Sucks Rocks]

PING!

[Support Free Republic]

Hi mom!

[Fred Mertz]

John Doe 2, Jose Padilla, has received similar treatment.

Is he still alive?

[Tunehead54]

Mr. Hawash was detained by FBI agents wearing helments, body armor and carrying assault rifles in an Intel Corporation parking lot as he arrived to work on Thursday, March 20.

---

What's the probem? He was wearing helments (is that like a condom?), body armor and was packing assault rifles in a public place. Seems clear to me ... ;)

[Tolerance Sucks Rocks]

Let us hope so. Isn't he an American citizen also?

[Tolerance Sucks Rocks]

Would it be possible to put "Police State Alert" or some such in parentheses after the title? This is important, IMHO...

[EternalVigilance]

Everything in the story suggests that the law is being followed to a tee.

Somehow I doubt he is being held for no reason.

[KingKongCobra]

Ohhh, scary. Where's my "Let's Freak Out" shirt when I need it?

[ISawIt]

I am curious as to whether a Writ of Habeas Corpus has
been filed? This is an American Citizen, or so it seems.
If it was denied, what were the reasons?

The story quoted did not cite any of the relevant facts.
I am curious, and my next stop will be the website.

[brityank]

Everything in the story suggests that the law is being followed to a tee.

Jawohl, mein Herr.

[konaice]

Whats with you guys?

Do you seriously think our government, in the midst of a war, has time to grab people at random from the streets and detain them for no reason?

Don't you think that in light of all the recient captures of Al Queda assetts and computer hard drives, and the heavy war-time intelegence monitoring of communications, that there may be ample intelegence to hold him?

Do you subscribe to the phone-book prosecution theory; that officials go after someone by randomly selecting their name from the phone book?

Keeping some one incomunicado in times like this may just save several amarican combat deaths or protect other cirtical assets in the war on terror.

Things are not always what they seem. Give it time.

[EternalVigilance]

Jawohl, mein Herr.

Yes? Care to back that up from something in the article, or from my comment, or from other my postings on FR? Or are just jerking your knee?

There is a rule on FR--you must not know about it. The first person to call someone a Nazi loses the debate. Since you went straight to it before there was even any debate, you must enjoy losing quickly, and getting it out of the way.

[Tolerance Sucks Rocks]

If you have information on Mr. Hawash that the blog didn't mention, please post; I have an open mind...

[EternalVigilance]

Nice to hear a reasoned voice.

[EternalVigilance]

The story quoted did not cite any of the relevant facts.

Bingo.

Sheesh. We're at war with vicious terrorists. The guy is not being held for no reason.

[konaice]

"If you have information on Mr. Hawash that the blog didn't mention, please post; I have an open mind..."

No I don't have any info, nor was there any info in the original post or any of the articles it linked to. The impression is left by those web sites that this guy was just walking along and the entire federal government decided he was today's target.

Thats not likely in this country, but all to common (up untill reciently) in Iraq.

You can't get a material witness warrent in this country without convincing SOME JUDGE that there is cause. Even if its a "pet judge" there still has to be more to it than "lets pick on this guy for a while".

[CyberAnt]

"The fact is that the government is abusing the material witness statute to hold Mike"

And ... the source for that statement is ...?? Why is it whenever a person is arrested who "appears" to be just your ordinary person, everyone automatically suspects the govt of doing something evil? Although it does happen - it is the exception and not the rule!

In case no one noticed ... we are at war! And ... a lot of people have to realize that for years, x42 had the investigative agencies in this country hamstrung to the point that they couldn't do anything about some of the information they had gathered; or they couldn't finish gathering. Now ... we have the ability to finish the info gathering. This is closing up a lot of investigations.

Remember one important thing ... sometimes people are arrested because they have information which is important to a case. Sometimes, if they tell that person why they're arrested, they will give false data. Sometimes it's important just to let the guy sweat a little before they interrogate him. Being in jail for awhile can surely make you want to cooperate a lot sooner. I know it may not sound nice, but there is A WHOLE LOT OF NOT-NICE STUFF GOING ON IN AMERICA and we need to get it cleared up.

[brityank]

Not a Nazi -- a 'Good German'. Your comment was the reason for my retort; the government is 'following the law', and since we all know the law is never wrong, the government is correct. Right?

I support President Bush and the actions taken in Iraq; I don't support the mindless cheerleading of actions taken in his name by functionaries -- who if the same actions were done under clinton weould have had this entire board in an uproar. This is one of the more egregious.

You were saying ... ...

[ISawIt]

Actually, I was open minded here. I did some reading.

It appears that a Grand Jury is investigating a criminal
matter to which Mike Hawash may have some information
to add to, as a material witness. This does not say that
he is involved, or is criminally liable for anything.

At the least, his testimony should be taken, and he
should be released afterwards, if it is not contradictory
to established facts.

This person is a U.S. Citizen. I don't really care where
he was born, or who his wife is, or how blonde she is.
Or that he works for Intel, or the local Grocery.

This makes me squirm the same way Reno's debacle at
Waco did.