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.

[Cindy]

US DOJ.gov - Press Release: "OREGON RESIDENT MAHER HAWASH PLEADS GUILTY TO CONSPIRACY TO SUPPLY SERVICES TO THE TALIBAN IN 'PORTLAND CELL' CASE" (ARTICLE SNIPPET: "In a plea agreement filed with the Court, Hawash admitted that he and five other members of the conspiracy agreed to go to Afghanistan to assist the Taliban in fighting against the armed forces of the United States. Hawash stated that the group was prepared to take up arms and die as martyrs if necessary to defend the Taliban government. Hawash admitted that he took defendants Patrice Ford, Ahmed Bilal and Muhammad Bilal to the airport when they left the country, and that he gave the Bilals some money provided by another individual before they left. Hawash left Portland on Oct. 24, 2001, and flew to Hong Kong, where he joined defendants Jeffrey Battle, Patrice Ford, Ahmed Bilal, Muhammad Bilal, and Habis Al Saoub and entered China. Hawash further admitted that he traveled with the other defendants to Urumqi and Kashgar in the Xinjaing Province in western China, and to Beijing, in an attempt to enter Pakistan so they could get into Afghanistan and fight against the armed forces of the United States. Hawash returned to the United States in November 2001 after their numerous attempts to enter Afghanistan proved unsuccessful.") (August 6, 2003) (Read More...)

[piasa]

FOR IMMEDIATE RELEASE
WEDNESDAY, AUGUST 6, 2003
WWW.USDOJ.GOV
CRM
(202) 514-2008
TDD (202) 514-1888


OREGON RESIDENT MAHER HAWASH PLEADS GUILTY TO CONSPIRACY
TO SUPPLY SERVICES TO THE TALIBAN IN ‘PORTLAND CELL’ CASE




WASHINGTON, D.C. - Attorney General John Ashcroft, Acting Assistant Attorney General Christopher Wray of the Criminal Division, U.S. Attorney Michael W. Mosman of the District of Oregon, and Acting Special Agent in Charge Laurie J. Bennett of the Portland Division of the Federal Bureau of Investigation announced today that Maher Mofeid Hawash has pleaded guilty to conspiracy to supply services to the Taliban.

Hawash, a/k/a Mike Hawash, 38, of Hillsboro, Oregon, entered his guilty plea this morning before U.S. District Judge Robert E. Jones, at federal court in Portland.

In a plea agreement filed with the Court, Hawash admitted that he and five other members of the conspiracy agreed to go to Afghanistan to assist the Taliban in fighting against the armed forces of the United States. Hawash stated that the group was prepared to take up arms and die as martyrs if necessary to defend the Taliban government. Hawash admitted that he took defendants Patrice Ford, Ahmed Bilal and Muhammad Bilal to the airport when they left the country, and that he gave the Bilals some money provided by another individual before they left. Hawash left Portland on Oct. 24, 2001, and flew to Hong Kong, where he joined defendants Jeffrey Battle, Patrice Ford, Ahmed Bilal, Muhammad Bilal, and Habis Al Saoub and entered China. Hawash further admitted that he traveled with the other defendants to Urumqi and Kashgar in the Xinjaing Province in western China, and to Beijing, in an attempt to enter Pakistan so they could get into Afghanistan and fight against the armed forces of the United States. Hawash returned to the United States in November 2001 after their numerous attempts to enter Afghanistan proved unsuccessful.

As part of his plea agreement, Hawash also agreed to cooperate fully with the government and testify if necessary at the trial of the remaining defendants in the “Portland cell” case, which is presently set for Jan. 5, 2004.

Hawash can receive a maximum sentence of 10 years in prison and a $250,000 fine for this offense. According to the plea agreement, it is expected that Hawash will receive a sentence from seven to 10 years in prison. The ultimate sentence will be up to the Court. The Court said sentencing would occur next year, after the trial of the remaining defendants.

The investigation of this matter was conducted by the FBI’s Joint Terrorism Task Force in Portland, Oregon.

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