Mike Hawash in New York Times

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

[ISawIt]

Uh, No.

In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.' Harris v. Nelson, 394 U.S. 286, 290-91 (1969). " Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.

So, Bill Clinton decides that all people who so ever witnessed his being sucked off by a sleazy blonde (say, for example, all of his security detail) are to be silenced.

Now, here's some scary monsters. Let's say [GOD FORBID] that Hillary Clinton is elected dictator in 2008. She decides to begin a reign of terror using these new statutes. How safe will you feel?

Think ahead, and look not to the enemies without, than to the enemies within, when you make the rules.

Think Sun Tzu.

Perhaps I am being obtuse. I'll be direct:

Are you a U.S Citizen?

If you piss off Hillary Clinton, who, say, was elected the President of the US in 2008 (again, God Forbid):

Did you read about the White House Travel Scandal?

Do you have any f-ing doubt that this power will be abused at some point in the future? Bush won't, but do you really
think a Clinton won't?

[brityank]

You made my points; I am worth as much as this chair I'm sitting on, and can be bounced for any reason once I'm no longer of use.

I am a single parent, with no local family; so my kid and bills would be SOL because the feds decide that it's OK to move me out of existance. No, it's just not reasonable nor legal, no matter what the 'law' says.

I've served on three juries, one for three weeks and got sequestered for four days (and we found him guilty); but everyone knew where I was, and why.

Citizens have Rights; the government has Privileges. Don't get them confused, as Privileges should never overide Rights, absent a valid, constitutional restriction to those Rights.

[brityank]

In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.' Harris v. Nelson, 394 U.S. 286, 290-91 (1969). " Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.

Thanks for the cite; validates what some of us seem to agree is an unconstitutional holding by the Feds and the Court in this case.

Got to leave; work calls. Be back later.

[piasa]

This gentleman (Maher Mofeid Hawash, or Mike Hawash) is associated in some way with the Portland Cell... a group of people who went to Afghanistan to fight US troops and who are charged with levying war against the United States. This group has ties to an extremist Islamic mosque, the Black Panthers, Al Qaeda, Hamas, and one member has some curious links to China which is why the group traveled via China to go to war against US troops. Some members of this group have a direct face-to-face relationship with Wadih el-Hage, bin Laden's personal secretary.

This particular individual, Hawash, has made substantial donations to the terrorist charity Global Relief Foundation, which he says is a legit organization. (At least he may have thought so.) According to an early report "FBI, Joint Terrorism Task Force Search Home in Hillsboro" in The Oregonian, documents were found attached to Global Relief Foundation's federal tax return for the year 2000 listing about 120 donations of $5,000 or more, including two from Hawash. The first was a $5,165 donation from "Mike & Lisa Hawash" listing their Hillsboro address. The second was a $5,050 donation by "Maher Hawash" listing the same address. The dates of the donations weren't listed. The paper says these donations are unrelated to the case but does not say why it came to that conclusion.

(See also this snippet : )
Initially, speculation among Hawash's friends was that his detention was related to two donations totaling about $10,000 that he made to the Global Relief Foundation, an Islamic charity whose assets were frozen last year after federal authorities alleged it was connected to terrorism. - "Engineer Held as Part of Portland Probe, " by Elaine Harden, Washington Post Staff Writer, Saturday, April 5, 2003

Given his occupation there is likely much more of interest than just his donations, but the FBI does seem to have focused on his computer and his financial records. He also sends money to relatives in the West Bank, including his mother, according to friends, who insist the family there "is not involved in politics." (Well, that's nice. I'm glad to know they never participate in those parades for suicide bombers or celebrate the collapse of the WTC.)

As a sidenote, Hawash is a member of the Bilal Mosque in Beaverton, Oregon, which is the same mosque also attended by the Saudi brothers Mohammed Ibrahim Bilal and Ahmed Ibrahim Bilal, both charged with providing material support to al Qaeda. He has also attended the Islamic Center of/in Portland. This latter Center was once headed up by a gentleman who is charged with social security fraud. The Center is considered extremist. I don't have any reason to believe the Bilal Mosque is extremist at his time; its leader seems to be cooperative.

Prosecutors have until April 25, 2003 to take testimony from Hawash as a material witness or present him to a grand jury. A closed hearing is scheduled for April 29. More information on the case will be provided in May by officials. Hawash does have access to attorneys and can be visited by his wife and children. He hasn't been held very long.

[ISawIt]

You made my points; I am worth as much as this chair I'm sitting on, and can be bounced for any reason once I'm no longer of use.

So? Then why abuse me?

I'm a single parent, with no local family; so my kid and bills would be SOL because the feds decide that it's OK to move me out of existance. No, it's just not reasonable nor legal, no matter what the 'law' says.

No one told ME to have to kids, and no one told YOU to have a kid. And? The difference is that we are a single breadwinner household and our income was bombed out from under us by an organization whose operandi is to elude law enforcement (DUH?). What's your point?

[piasa]

According to the Judge he has access to both attorneys and his wife and children.

That's hardly "incommunicado."

[Tolerance Sucks Rocks]

Thanks for the clarification...

[Tolerance Sucks Rocks]

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 ... ;)

Wha's wrong wi' that? :-)

[piasa]

You're welcome... the Islamic Center in/of Portland is also known as "Masjed As-Saber"

I also found this- he was interviewed by The Oregonian back in November 2002:

NOVEMBER 2002 : (PORTLAND CELL : HAWASH : OREGONIAN INTERVIEWS HAWASH ABOUT GLOBAL RELIEF FOUNDATION) The Oregonian interviewed Hawash by phone last November about his donations to the Global Relief Foundation. He said he made the donations after someone from Global Relief came to town to make a presentation at either the Bilal Mosque or Islamic Center of Portland. He said he couldn't recall the name of the GRF speaker. "The organization is legit," he said. "We believed that they are doing good work. It's a well-known organization." He said at the time that no investigators had questioned him about the foundation. - "FBI, Joint Terrorism agents search home in Hillsboro," by MARK LARABEE and LES ZAITZ, The Oregonian, 03/21/03

[piasa]

This is interesting:

? (PORTLAND CELL : HAWASH VISITS NABLUS, HAS TROUBLE GETTING BACK INTO THE US UNTIL INTEL INTERVENES ON HIS BEHALF) Mr. McGeady, [Maher Mofeid Hawash's] boss there [at Intel], said Mr. Hawash went back to Nablus to visit his family several years ago and had trouble returning to the United States until Intel officials intervened.- "Terrorism Task Force Detains an American Without Charges" NY Times, Posted by Gary on April 05, 2003 at 09:40:54: . http://www.ecolivingcenter.com/board/main/messages/1074.html

[piasa]

I wonder if he's related to Ibrahim Abu Hawash, a Hamas terrorist leader who was killed in Nablus a while back?

[piasa]

A person named "Maher Hawash" has a letter posted on the web site of "Americans United for Palestinian Human Rights" The letter is as follows. While the family friends claim that his family in Nablus, West Bank, are "not political," at least one guy called Maher Hawash certainly is emotional about politics.

see http://www.auphr.org/Letters.php

Cached Here on Google

April 14, 2002
The Oregonian

Journalism of mad dogs

In his April 11 column, "Welcome to the state of ... Israel," David Reinhard declares that "we in the media are supposed to be evenhanded about this conflict. We're supposed to practice moral equivalence. Hogwash." He gives the imaginary scenario of bombs going off in Portland.
I suggest that he take it a bit closer and imagine his neighbor barging into his house, killing his child, raping his wife and daughter and declaring Reinhard's home as his. What would he do?
My mother, brother, sisters and their children have witnessed the work of the Israeli Defense Forces for the past two weeks, with a tank outside their house in Nablus pounding shells nonstop. They are terrified; the kids are terrorized. How would you feel?
This kind of journalism only justifies the means of mad dogs such as Israeli Prime Minister Ariel Sharon.

Maher Hawash
Status: Published

[Travis McGee]

Gee, ya don't imagine any jihadi sleepers have been burrowing into the USA for 15 years do ya?

Nah, couldn't possibly happen.

[piasa]

and they are all nonpolitical, of course...

[Travis McGee]

Totally.

[Wil H]

Mr. Hawash was detained by FBI agents wearing helments, body armor and carrying assault rifles

Probably thought he might like to be re-patriated to the custody of his dad in Cuba....

[piasa]

Despite the outraged cries of "solitary confinement," in many articles on the case, as if that's some sort of outrage, it appears that Hawash actually requested it. According to Findlaw, Hawash requested, and the court ordered that he be placed in administrative segregation and that his family be permitted to visit him. Hawash and the government agreed that he would remain in custody pending the detention hearing on April 7th - http://news.findlaw.com/hdocs/docs/hawash/40703ctord.pdf

The fact that his family has visited him several times a week makes it pretty darn obvious he's not being held in secret.

[Alamo-Girl]

Thanks for the heads up!

[brityank]

Then why abuse me?

Sorry; no abuse given or intended, my comment at 26 did not include you at the time.

piasa -- thanks for the 'attitude adjustment'! LOL
Based on what I saw at both the "Warblog' and the referenced 'FreeMikeHawash' sites, they are not giving the whole story, as you provided with the findlaw doc.
Warblog said:

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.

As I also said, the FreeMike page gave that same impression, vouched for by his colleagues from Intel.

His request for 'solitary confinement' at a federal prison also makes sense; he is in "Administrative Detention" and not in criminal or pre-trial, and by law cannot be placed with those so held.

At the same time, why did it take from March 20 to April 7 to get a valid hearing and detention order from a judge? They may call it 'Administrative Detention', but it is still an arrest -- he is not free to leave, and as ISawIt posted the cite from the Supreme Court, habeas corpus applies. A criminal arrest requires presentment to a court within 48-72 hours; AD should not be any longer, as they already have the requisite info to effect the arrest/detention; two plus weeks to put this in front of a judge is - IMHO - unconscionable, and violates his rights as a citizen.

If it's proven that he indeed is a 'sleeper', or assisted in some way beyond giving funds to what was an IRS-determined charity that will come out at the Grand Jury presentment. If his testimony, or the cases against those the feds wish to use him against fall through and a "No Bill" comes out of the Grand Jury, will he be compensated for the turmoil the feds put him and his family through?

[JohnBerger]

He's still alive, but continues to be held incommunicado...

http://www.charleston.net/stories/041003/wor_10terror.shtml

-j