This article's pretty freaky. More on this as it develops.
If you've been following this story on my blog the last few months, you might want to start here.
Portland Man Strikes Plea Deal on Terror Charges
By the Associated Press.
Hawash pleaded guilty to conspiring to provide services to the Taliban. Prosecutors agreed to drop charges of conspiring to levy war against the United States and conspiring to provide material support for terrorism."You and the others in the group were prepared to take up arms, and die as martyrs if necessary, to defend the Taliban. Is this true?" U.S. District Judge Robert E. Jones asked Hawash during the hearing.
"Yes, your honor," Hawash replied.
Hawash's attorney Steven Houze said his client had decided to cooperate fully with the government, but declined to comment on details of the plea negotiations. Houze said Hawash had faced more than 20 years in prison if convicted on all three counts.
Here is the full text of the entire article in case the link goes bad:
http://www.foxnews.com/story/0,2933,93944,00.html
Portland Man Strikes Plea Deal on Terror Charges
Wednesday, August 06, 2003
PORTLAND, Ore. — A software engineer pleaded guilty Wednesday to a charge of aiding the Taliban (search), agreeing to testify against other suspects in exchange for the dropping of other terrorism charges.
Maher "Mike" Hawash (search), one of the so-called "Portland Seven," will serve at least seven years in federal prison under the deal, which was approved by U.S. Attorney General John Ashcroft (search).
Hawash pleaded guilty to conspiring to provide services to the Taliban. Prosecutors agreed to drop charges of conspiring to levy war against the United States and conspiring to provide material support for terrorism.
"You and the others in the group were prepared to take up arms, and die as martyrs if necessary, to defend the Taliban. Is this true?" U.S. District Judge Robert E. Jones asked Hawash during the hearing.
"Yes, your honor," Hawash replied.
Hawash's attorney Steven Houze said his client had decided to cooperate fully with the government, but declined to comment on details of the plea negotiations. Houze said Hawash had faced more than 20 years in prison if convicted on all three counts.
In March, federal agents seized Hawash, 38, from a parking lot outside Intel Corp., where he worked, and simultaneously searched his home. He was held as a material witness until charges were filed five weeks later. In what supporters called an abuse of civil rights, federal officials did not publicly confirm he was being held during those five weeks.
In a 41-page affidavit, the U.S. Attorney's Office accused Hawash, a naturalized U.S. citizen of Palestinian descent, of growing angry with the United States after the Sept. 11. 2001, attacks, then conspiring with co-defendants to join the fight in Afghanistan against U.S. troops.
Hawash accompanied the group as it tried and failed to enter Afghanistan from western China in late fall 2001, according to court documents. The Taliban was the militant Muslim organization that controlled most of Afghanistan until the American invasion following the terrorist attacks.
Five of the other six suspects in the case -- Jeffrey Battle; Battle's ex-wife, October Lewis; Patrice Lumumba Ford; and brothers Ahmed and Muhammad Bilal -- all have pleaded innocent. The sixth, Habis al Saoub, remains at large. They face various conspiracy, firearms and money laundering charges.
Hawash agrees to plea bargain
By the Associated Press.
Here's another article with more details.
Wow. I am quite shocked, I must say. But I would like to reiterate that the point of this protest has always been the unfairness of holding Mike for five weeks without charging him -- not whether or not he had knowingly or unknowingly taken place in whatever kind of activity he was being charged with, once he was charged.
The point is that holding people for months without charging them isn't cool, and theoretically we don't do that in this country, except that it turns out under a certain material witness statute, we do do that in this country -- and that's kinda scary. That's the point. Just to clarify...
I still get the feeling that he may have taken the deal because he felt it would be the best deal he would get at a jury trial (when it is the best idea to take a plea bargain, because things could also end up even worse at trial). But Steven McGaedy (the "FreeMikeHawash.org" guy), stopped returning my phone calls some time ago (Presumably because things got to heavy with the case.) -- so I took the hint and moved on, and don't really have any kind of inside scoop on this anymore...
Anyway there's an update on that. Okay gotta go. Lots to do today!
Here's the full text of the entire article in case the link goes bad:
August 6, 2003
Hawash agrees to plea bargain
VIDEO
PORTLAND - Maher "Mike" Hawash, one of the so-called "Portland Seven" charged with terrorism related crimes, pleaded guilty Wednesday morning to conspiring to provide services to the Taliban, but will not face other charges in exchange for testimony against other suspects.
Hawash, a 39-year old software engineer who worked for Intel, had initially pleaded innocent to charges of conspiracy to wage war against the United States, conspiracy to provide material support to al-Qaida and conspiracy to contribute services to al-Qaida and the Taliban.
In exchange for testimony, federal prosecutors agreed to drop charges of conspiring to levy war against the U.S. and conspiring to provide material support for terrorism. Hawash pleaded guilty to conspiring to provide services to the Taliban.
He will serve a minimum of seven years in federal prison under the deal, which was approved by U.S. Attorney General John Ashcroft.
Hawash agreed to testify in federal court, before grand juries and before any potential military tribunals.
Federal agents grabbed Hawash, 38, from a parking lot outside his work at Intel Corp. in February and simultaneously searched his home. He was held as a material witness, but federal officials would not confirm publicly they held him until charges were filed five weeks later, in what supporters called an abuse of civil rights.
In a 41-page affidavit released in April, the U.S. Attorney's Office accused Hawash, a naturalized U.S. citizen, of growing angry with the United States after the Sept. 11 attacks, then conspiring with at least five other Muslim men to join the fight in Afghanistan against U.S. troops.
Hawash accompanied the group as it tried and failed to enter Afghanistan from western China in late fall 2001, according to court documents. The Taliban were a militant Muslim organization that controled most of Afghanistan until the American invasion in 2001 following the Sept. 11 terrorist attacks that year.
Kent Robertson, chief of criminal prosecutions at the U.S. Attorney's office in Portland, has declined to say why his office chose to hold Hawash secretly as a material witness before seeking an indictment.
The FBI appears to have begun investigating Hawash after receiving tips from some of his neighbors, according to the affadavit.
Five of the other six suspects in the case - October Lewis, Jeffrey Battle, Patrice Lumumba Ford and brothers Ahmed and Muhammad Bilal - all have pleaded innocent to charges of conspiracy to wage war against the United States, conspiracy to provide material support to al-Qaida and conspiracy to contribute services to al-Qaida and the Taliban.
Battle, the Bilals, Ford and Habis al Saoub - who remains at large - also face firearms conspiracy charges while Lewis and Ford were charged with money laundering. Battle, Ford, al Saoub and Ahmed Bilal also face firearms possession charges.
(Copyright 2003 by The Associated Press. All Rights Reserved.)
His detention, like so many others, appears to be an abuse of a 1984 law that the Bush administration has used with a vengeance to hold people it may (or may not) suspect of being in league with bad folks. Unlike many other such jailings, all shrouded in the kind of secrecy the Bush people love so much, this one has attracted some powerful attention...On Monday, a federal judge did what the government wouldn't do: acknowledge that Hawash was being held. But he let the government keep holding its prisoner for at least the next three weeks.
If Intel, the company, is doing anything to help Hawash, the assistance isn't apparent. But as I said last week, I hope a prominent immigrant, whose name is almost synonymous with the company, will take note of this situation. His name is Andy Grove.
Here is the full text of the article in case the link goes bad:
http://weblog.siliconvalley.com/column/dangillmor/archives/000927.shtml#000927
April 09, 2003
Free Mike Hawash
• posted by Dan Gillmor 04:57 AM
• permanent link to this item
Well, at least it's now official information that the federal government is holding Maher (Mike) Hawash, an engineer who has worked for years at Intel, in an Oregon jail. Hawash, a U.S. citizen who was born in the Middle East, has been held since March 20 as a "material witness" -- not charged with a crime -- in a case the feds won't discuss in any way.
His detention, like so many others, appears to be an abuse of a 1984 law that the Bush administration has used with a vengeance to hold people it may (or may not) suspect of being in league with bad folks. Unlike many other such jailings, all shrouded in the kind of secrecy the Bush people love so much, this one has attracted some powerful attention.
One of Hawash's friends is Steve McGeady, a former Intel vice president who was Hawash's boss for years. (Hawash was laid off and had been working as a contractor at Intel, a common situation in today's troubled tech industry.)
McGeady has set up a "Free Mike Hawash" Web site with considerable background on this case. McGeady told me the other day that this case is ``like Alice in Wonderland meets Franz Kafka'' -- and his analogy resonates.
It appears that Hawash is being held in part because he donated money to a charity that was later determined by the federal government -- possibly incorrectly -- to have provided financial aid to terrorists.
On Monday, a federal judge did what the government wouldn't do: acknowledge that Hawash was being held. But he let the government keep holding its prisoner for at least the next three weeks.
If Intel, the company, is doing anything to help Hawash, the assistance isn't apparent. But as I said last week, I hope a prominent immigrant, whose name is almost synonymous with the company, will take note of this situation. His name is Andy Grove.
Pictures of April 7, 2003 gathering outside the Federal Courthouse.
Intel Coder Not Going Anywhere
By Leander Kahney for Wired News.
About 100 supporters gathered outside Portland's Federal Courthouse to protest Monday's secret hearing for Mike Hawash. The 38-year-old American citizen of Arab descent, was arrested by the FBI's Terrorist Task Force on the morning of March 20 as he appeared for work at Intel.Hawash will be held until at least the end of April, according to a court order released on Monday afternoon. The Oregon branch of the American Civil Liberties Union condemned Hawash's arrest, which it characterized as an abuse of the material witness statute. The 1984 statute was designed to prevent nervous or hostile witnesses from fleeing before a trial.
Here is the full text of the article in case the link ges bad:
http://www.wired.com/news/conflict/0,2100,58382,00.html
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Intel Coder Not Going Anywhere
By Leander Kahney | Also by this reporter Page 1 of 2 next »
02:00 AM Apr. 08, 2003 PT
Intel programmer Mike Hawash, detained as a witness by federal authorities in what appears to be a terrorism probe, will be held until at least the end of April, according to a court order released on Monday afternoon.
For the last couple of weeks, Hawash has been held at a federal prison in Sheridan, about 50 miles south of Portland. Hawash, a 38-year-old American citizen of Arab descent, was arrested by the FBI's Terrorist Task Force on the morning of March 20 as he appeared for work at Intel.
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About 100 supporters gathered outside Portland's Federal Courthouse to protest Monday's secret hearing for Mike Hawash. The 38-year-old American citizen of Arab descent, was arrested by the FBI's Terrorist Task Force on the morning of March 20 as he appeared for work at Intel.Hawash will be held until at least the end of April, according to a court order released on Monday afternoon. The Oregon branch of the American Civil Liberties Union condemned Hawash's arrest, which it characterized as an abuse of the material witness statute. The 1984 statute was designed to prevent nervous or hostile witnesses from fleeing before a trial.
* See also
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* Big Brother Is Watching You Shop
* Fears About DNA Testing Proposal
* Ex-Intel VP Fights for Detainee
* U.S. vs. Them: Fresh Perspectives
* Today's Top 5 Stories
* Due Process Vanishes in Thin Air
* 'Step Back' for Wireless ID Tech?
* Intel Coder Not Going Anywhere
* Drugs Strain to Resist Resistance
* Sorry, That Stock's Out of Stock
Hawash will continue to be detained as a "material witness" pending a grand jury investigation, the nature of which remains a secret, according to an order issued by federal Judge Robert Jones.
The order compels authorities to present Hawash to a grand jury before April 25, or get a deposition from him.
The order was issued following a secret detention hearing at a federal courthouse in Portland, Oregon, on Monday morning. Another secret detention hearing will be held on April 29, the order said.
The judge's order is the first confirmation from authorities that Hawash is in custody as a material witness.
Prior to the order, authorities refused to confirm or deny any aspect of the case, citing a gag order. Even Monday's hearing was a secret, which authorities refused to confirm or deny took place, despite the attendance of four character witnesses called on Hawash's behalf and about 100 supporters protesting outside Portland's Federal Courthouse.
Though Judge Jones' order makes no mention of the FBI's Terrorism Task Force, nor provides any clues to the nature of the investigation, it suggests that Hawash is being held in secret to prevent any compromise of a grand jury investigation.
"Based on … my examination of the affidavit supporting Hawash's arrest, I conclude that the detention hearing must be closed to the public because of the potential that the related grand jury proceedings may be compromised," Judge Jones wrote. Later in the order Judge Jones said, "I conclude by clear and convincing evidence that the material witness must be detained, but not indefinitely."
Steven McGeady, a former Intel executive who is spearheading a campaign to free Hawash, said he was very disappointed the judge didn't grant Hawash bail.
"We are outraged that the judge failed to consider the implausibility of Mike as a flight risk," McGeady wrote in an e-mail." The order barely addressed this -- it appears that the judge merely acquiesced to the government's desires."
It also came out on Monday that the day Hawash was arrested, his wife Lisa was served with a subpoena to appear as a material witness before a grand jury.
The subpoena was originally dated for the following day, March 21, but Lisa's attorney managed to get a postponement until this Wednesday, April 9, according to friends of the couple. It isn't clear why Hawash was detained, yet his wife, who is American-born, wasn't.
Despite the secrecy, Hawash's case is drawing increasing attention. Hawash's congressman, Earl Blumenauer, (D-Ore.), will raise Hawash's case later in the week in the House.
"He's very concerned," said Kathie Eastman, Blumenauer's press secretary. "This is just something that should not be happening in this country. Of course, we don't know what it's about, but we want information on why."
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Intel Coder Not Going Anywhere
By Leander Kahney | Also by this reporter « back Page 2 of 2
02:00 AM Apr. 08, 2003 PT
On Monday afternoon, Oregon Democratic Sen. Ron Wyden requested a confidential briefing about the case from the FBI. As a member of the Senate Intelligence committee, Wyden has the security clearance to hear classified information, said his spokesman Josh Kardon.
Last week, Sen. Wyden wrote a letter to Oregon's U.S. Attorney, but received scant information, again because of the gag order.
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About 100 supporters gathered outside Portland's Federal Courthouse to protest Monday's secret hearing for Mike Hawash. The 38-year-old American citizen of Arab descent, was arrested by the FBI's Terrorist Task Force on the morning of March 20 as he appeared for work at Intel.Hawash will be held until at least the end of April, according to a court order released on Monday afternoon. The Oregon branch of the American Civil Liberties Union condemned Hawash's arrest, which it characterized as an abuse of the material witness statute. The 1984 statute was designed to prevent nervous or hostile witnesses from fleeing before a trial.
"The senator doesn't have enough information on the details to have an opinion," said Kardon. "That's why he's asking questions."
The Oregon branch of the American Civil Liberties Union condemned Hawash's arrest, which it characterized as an abuse of the material witness statute. The 1984 statute was designed to prevent nervous or hostile witnesses from fleeing before a trial.
Oregon ACLU's executive director David Fidanque said the Department of Justice had used the statute to detain dozens of people in anti-terrorist investigations without having enough evidence to charge them with crimes.
"There's no question the Department of Justice has been abusing the material witness statute in their campaign to put pressure on Muslim and Arab Americans," he said. "There's no way to know what the government is after in Mr. Hawash's case, but we're very concerned about the way he's being treated, and dozens of other people in similar situations."
Authorities have detained at least 44 other material witnesses in probes following the Sept. 11 terrorist attacks, according to an investigation by The Washington Post.
I'll be finding out more details about this later today.
For now, here are the docs on what happened yesterday.
I have to update my mirror of this site...
At about 4pm on Monday April 7, Federal Judge George Jones released the following document, ordering Mike Hawash's detention for a further 3 weeks. Needless to say, we are very disappointed, confused, and angry. We hope to post an analysis and explanation of the order soon, for those of you who find the legal language too arcane. For now we post simply the document.
I think the Freemikehawash.org web site is having technical difficulties for some reason, because many of you have not been able to access it. (Although I am still able to access it without any problems.)
I've set up a
mirror of it here, so as not to hold up distribution of the information.
For journalists and researchers trying to read everything you can on this case in a hurry, here is a quick list of links to every article available so far -- that I know of, at the time of this writing, of course.
Free Mike Hawash Website
http://www.freemikehawash.org
FAQ On Free Mike Hawash Website
http://www.freemikehawash.org/press/genfaq.html
Mike Hawash's Bio
http://www.freemikehawash.org/press/fullbio.htm
Steven McGaedy's Bio
http://www.mcgeady.com/mcg/prof/mcgbio.htm
Free Mike Hawash Mailing List Info
http://www.freemikehawash.org/hostmaster.htm
March 20, 2003 FBI Press Release
http://portland.fbi.gov/pressrel/2003/searches.htm
ACLU CRITICIZES USE OF MATERIAL WITNESS
LAW TO DETAIN HILLSBORO MAN
http://www.aclu-or.org/issues/terrorism/Hawashcase.html
FBI jails ex-Intel worker
By Matthew Yi for the SF Chronicle.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/04/02/BU291043.DTL
Ex-Intel VP Fights for Detainee
By Leander Kahney for Wired News.
http://www.wired.com/news/conflict/0,2100,58326,00.html
Joint Terrorism agents search home in Hillsboro
By Mark Larabee and Les Zaitz for the Oregonian
http://www.oregonlive.com/search/index.ssf?/base/news/104825159914540.xml?oregonian?lcps
Terrorism Task Force
Detains an American Without Charges
By Timothy Egan for the NY Times
http://www.nytimes.com/2003/04/04/international/worldspecial/04DETA.html
Senator Ron Wyden
(Said he'd bring up Mike's case with the FBI)
http://wyden.senate.gov/contact.html
Background on the Material Witness Law (November 2002 - Not specifically abot Hawash's case)
Material Witness Law Has Many In Limbo
Nearly Half Held in War On Terror Haven't Testified
http://www.washingtonpost.com/ac2/wp-dyn/A31438-2002Nov23
Terrorism Task Force Detains an American Without Charges
By Timothy Egan for the NY Times.
The case has drawn the attention of civil liberties groups nationwide, who say Mr. Hawash's case is an example of how the Bush administration is holding a handful of American citizens without offering them normal legal protection.Although at least two American citizens are being held without normal legal rights as "enemy combatants," Mr. Hawash has not been categorized as such. As a material witness, he is being held to compel testimony. But supporters say he has not been told anything about what the government may want from him...
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."
Since the attacks of Sept. 11, 2001, the courts have made conflicting rulings on the legality of holding material witnesses without charging them. A federal judge in Manhattan, Shira A. Scheindlin, said such detentions were "an illegitimate use of the statute," but another ruling in the same court, by Chief Judge Michael B. Mukasey, said detaining witnesses to compel testimony was a legitimate investigative tool.
Here is the full text of the article in case the link goes bad:
http://www.nytimes.com/2003/04/04/international/worldspecial/04DETA.html
The New York Times A Nation at War April 4, 2003
Terrorism Task Force Detains an American Without Charges
By TIMOTHY EGAN
PORTLAND, Ore., April 3 — For the last two weeks, Maher Hawash, a 38-year-old software engineer and American citizen who was from the West Bank and grew up in Kuwait, has been held in a federal prison here, though he has not been charged with a crime or brought before a judge.
Relatives and friends of Mr. Hawash, who works for the Intel Corporation and is married to a native Oregonian, say he has no idea why he was arrested by a federal terrorism task force when he arrived for work at the Intel parking lot in Hillsboro, a Portland suburb. The family home was raided at dawn on the same day by nearly a dozen armed police officers, who woke Mrs. Hawash and the family's three children, friends said.
Mr. Hawash, who is known as Mike, has yet to be interrogated and is being kept in solitary confinement, his supporters say.
Federal officials will not comment on Mr. Hawash, though they have been pressed by Senator Ron Wyden, Democrat of Oregon, and by a group of supporters led by a former Intel vice president, for basic information about why he is being detained.
In a statement after his arrest, the F.B.I. said he was being held as a material witness in an "ongoing investigation" by the Joint Terrorism Task Force. Federal search warrants in the case are sealed.
The case has drawn the attention of civil liberties groups nationwide, who say Mr. Hawash's case is an example of how the Bush administration is holding a handful of American citizens without offering them normal legal protection.
Although at least two American citizens are being held without normal legal rights as "enemy combatants," Mr. Hawash has not been categorized as such. As a material witness, he is being held to compel testimony. But supporters say he has not been told anything about what the government may want from him.
"Our friend has fallen into some kind of `Alice in Wonderland' meets Franz Kafka," said Steven McGeady, the former Intel executive, who started a legal defense fund and a Web site for Mr. Hawash.
"You hear about this happening in other countries and to immigrants and then to American citizens," Mr. McGeady went on. "And finally you hear about it happening to someone you know. It's scary."
Mr. Hawash's family thought at first that his arrest was connected to two donations he made three years ago to an Islamic charity, Global Relief Foundation, whose assets were frozen last year when federal authorities said it was linked to terrorism. But now relatives say the contributions may not be related to his arrest, and he may be asked to testify about six people charged here last year with aiding terrorism.
Asked about the charitable donations — which totaled a little more than $10,000 — Mr. Hawash told the local newspaper, The Oregonian, in November: "We believed that they are doing good work. It's a well-known organization."
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."
Since the attacks of Sept. 11, 2001, the courts have made conflicting rulings on the legality of holding material witnesses without charging them. A federal judge in Manhattan, Shira A. Scheindlin, said such detentions were "an illegitimate use of the statute," but another ruling in the same court, by Chief Judge Michael B. Mukasey, said detaining witnesses to compel testimony was a legitimate investigative tool.
Attorney General John Ashcroft has defended the tactic, saying it is "vital to preventing, disrupting or delaying new attacks."
The Justice Department has not said how many Americans have been held without charges in terrorism investigations since Sept. 11. Civil liberties groups say they believe the number is about 20, though most are not American citizens.
Mr. Hawash, who was born in Nablus in the West Bank, first came to the United States in 1984, his family said, and graduated from the University of Texas. He became an American citizen in 1988. He is married to Lisa Hawash, a native of Roseburg, Ore. The Web site set up by supporters, freemikehawash.org, founded by two former Intel executives, shows a picture of Mr. Hawash's wife and three children.
Mr. Hawash has worked at Intel since 1992, though he was laid off in 2001 and rehired as a contract employee. Mr. McGeady, his boss there, 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.
Ex-Intel VP Fights for Detainee
By Leander Kahney for Wired News.
Hawash, a U.S. citizen, was arrested last month by the FBI's Joint Terrorism Task Force. For nearly two weeks, he has been held as a so-called "material witness" in solitary confinement in a federal lockup in Sheridan, Oregon. The designation allows authorities to hold him indefinitely without charging him with a crime.The Department of Justice has required a federal court to seal Hawash's case. He has only limited access to his family and lawyer.
A friend and former colleague at Intel, Steven McGeady, is championing Hawash's case. McGeady, a former vice president at the chipmaker who hired Hawash as a programmer in 1992, was a high-profile witness in the Microsoft antitrust trial.
"People say this doesn't happen in this country," McGeady said, "but one of my neighbors has been disappeared. It's not what he might have done that matters to me -- they disappeared him. They need to question him and let him go, or charge him. It's like Alice in Wonderland meets Franz Kafka."
..."I'm completely puzzled," he said. "He has family in the West Bank, but he's not political. He worked at Intel Israel for two years, for heck's sake. His most political act was setting up an ISP on the West Bank, and in my opinion that's not political. I don't know. Maybe it's a case of mistaken identity. Maybe it's something beyond my comprehension."
Hawash, 38, was born in the West Bank but became a U.S. citizen in 1988. His wife, two of his children and his stepchild are all American-born.
Hawash co-authored a book on multimedia programming. He was laid off from Intel in 2001, but was later rehired as a contract programmer.
Here's the full text of the article in case the link goes bad:
http://www.wired.com/news/conflict/0,2100,58326,00.html
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Ex-Intel VP Fights for Detainee
By Leander Kahney | Also by this reporter Page 1 of 2 next »
02:00 AM Apr. 03, 2003 PT
Friends of an Intel programmer who is being held in a federal prison can't help but shake their heads in disbelief. They've also launched a website pushing for his release and collecting donations for his defense.
The most salient explanation for the arrest seems to be a link between the programmer, Maher "Mike" Hawash, and a charitable organization to which he donated a fairly large sum three years ago. The U.S. government has subsequently tagged the charity as having ties to terrorism.
Hawash, a U.S. citizen, was arrested last month by the FBI's Joint Terrorism Task Force. For nearly two weeks, he has been held as a so-called "material witness" in solitary confinement in a federal lockup in Sheridan, Oregon. The designation allows authorities to hold him indefinitely without charging him with a crime.
The Department of Justice has required a federal court to seal Hawash's case. He has only limited access to his family and lawyer.
A friend and former colleague at Intel, Steven McGeady, is championing Hawash's case. McGeady, a former vice president at the chipmaker who hired Hawash as a programmer in 1992, was a high-profile witness in the Microsoft antitrust trial.
"People say this doesn't happen in this country," McGeady said, "but one of my neighbors has been disappeared. It's not what he might have done that matters to me -- they disappeared him. They need to question him and let him go, or charge him. It's like Alice in Wonderland meets Franz Kafka."
McGeady set up a website, Free Mike Hawash, that urges supporters to write politicians and donate to a legal defense fund. The site is drawing considerable attention online, climbing the charts on Daypop and Blogdex.
Because of the campaign, the office of Oregon Democratic Sen. Ron Wyden has promised to contact the FBI about the case, McGeady said.
Authorities have detained at least 44 other material witnesses in probes following the Sept. 11 terrorist attacks, according to an investigation by The Washington Post.
Hawash, an Arab American, was arrested by FBI agents at about 7 a.m. March 20 as he arrived for work at the Intel plant in Hillsboro, Oregon. During his arrest, a squad of armed agents in bulletproof vests stormed his home, seizing computers and files. His wife, Lisa, and their three children were asleep at the time.
Neither the FBI, which arrested Hawash, nor the U.S. Marshals office, which is responsible for his detention, would provide any information about the case, citing a gag order.
"Due to court rules I can't answer any questions," said Beth Ann Steele, a spokeswoman in the FBI's Portland office.
Calls to the U.S. Attorney's office in Portland requesting comment were not returned.
An FBI press release concerning Hawash's arrest says simply that four federal search warrants were executed in the Hillsboro area as part of an "ongoing investigation." There are no hints about the nature of the investigation, except that it is unrelated to the war in Iraq, or the number of people detained.
Though he's guessing, McGeady said it was possible Hawash was targeted because of charitable donations he made in 2000 to the Global Relief Foundation, a Muslim charity that purported to fund mosques and schools in the United States, as well as West Bank medical facilities.
However, two years after Hawash made his donations, the Illinois-based charity was accused of links to terrorist organizations, and the Treasury Department froze its assets. The charity denies the accusations and is fighting the pending extradition of one of its founders.
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Ex-Intel VP Fights for Detainee
By Leander Kahney | Also by this reporter « back Page 2 of 2
02:00 AM Apr. 03, 2003 PT
According to a story in The Oregonian newspaper, Hawash donated about $10,000, which the paper uncovered by examining the foundation's federal tax returns.
Hawash made the donations after a representative solicited funds at a local mosque or Islamic center, the paper said. "The organization is legit," Hawash told a reporter. "We believed that they are doing good work. It's a well-known organization."
Maher (Mike) Hawash was arrested as a 'material witness' by the FBI and the Joint Terrorism Task Force in the parking lot of Intel's Hawthorne Farms parking lot on March 20, 2003. Since then, Hawash has been held in the Federal Prison at Sheridan, Oregon. He has been a U.S. citizen for 14 years.
But McGeady said Hawash's detention could easily be related to something else.
"I'm completely puzzled," he said. "He has family in the West Bank, but he's not political. He worked at Intel Israel for two years, for heck's sake. His most political act was setting up an ISP on the West Bank, and in my opinion that's not political. I don't know. Maybe it's a case of mistaken identity. Maybe it's something beyond my comprehension."
Hawash, 38, was born in the West Bank but became a U.S. citizen in 1988. His wife, two of his children and his stepchild are all American-born.
Hawash co-authored a book on multimedia programming. He was laid off from Intel in 2001, but was later rehired as a contract programmer.
According to The Washington Post's November investigation, at least 44 people have been arrested and detained as material witnesses in post-Sept. 11 terrorist probes. The paper was unable to determine hard numbers because of secrecy surrounding the cases.
The 1984 material witness statute was designed to coax testimony from unwilling witnesses or those likely to flee the country. But since Sept. 11, authorities have made widespread use of the statute to detain suspects indefinitely without charging them with any crime.
According to the Post, none of the 44 witnesses held was charged, and nearly half were not called to testify before a grand jury. Most were held in maximum security for periods ranging from days to "several months or longer." At least seven were U.S. citizens, the Post reported.
In early 2002, Jose Padilla was detained as a material witness for allegedly plotting to explode a "dirty" nuclear device. The U.S. government subsequently designated him an "enemy combatant" and has held him in a Navy brig in South Carolina. Padilla has not been tried and is denied access to a lawyer.
End of story
FBI jails ex-Intel worker
By Matthew Yi for the SF Chronicle.
Hawash was picked up by FBI agents at about 7 a.m. on March 20 as he arrived at the parking lot for his job at Intel's Hawthorne Farms office in Hillsboro, Ore., said Steven McGeady, Hawash's former boss and friend, in a telephone interview with The Chronicle on Tuesday.At about the same time, armed federal agents wearing bullet-proof vests stormed into Hawash's home and seized his computers and files, said McGeady, who spoke with Lisa Hawash about the incident.
Hawash's wife and their three young children were asleep when authorities arrived at their home, McGeady said.
"Lisa wasn't taken into custody, but they seized all their computers, files and left her with a grand jury subpoena," he said.
Intel spokesman Chuck Mulloy said FBI agents also have searched Hawash's cubicle and computer system at work.
Although Lisa Hawash has been able to visit her husband a couple of times a week, neither of them has been told by authorities why he is being detained, McGeady said...
Hawash, born in the West Bank city of Nablus, grew up in Kuwait, McGeady said. He arrived in the United States in 1984 to attend the University of Texas at Arlington, where he earned both bachelor's and master's degrees in electrical engineering.
Hawash became a U.S. citizen in 1988, a year before he graduated and landed his first job at Compaq Computers in Houston. He was soon transferred to Seattle.
In 1992, he was hired to work at Intel's Multimedia Software Technology Group, said McGeady, who was Hawash's boss at the time.
Hawash was laid off in 2001 but has since been working at Intel as a contract software engineer, he said.
Here is the full text of the article in case the link goes bad:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/04/02/BU291043.DTL
FBI jails ex-Intel worker
Matthew Yi, Chronicle Staff Writer Wednesday, April 2, 2003
A contract worker for Intel Corp. is being held in a federal prison in Oregon as part of an investigation by the FBI's Joint Terrorism Task Force.
Maher Mofeid Hawash, 38, on Tuesday remained in federal prison in Sheridan, Ore., as a material witness, said Sheila Meyer, investigative research specialist for the U.S. marshal's office in Portland.
FBI spokeswoman Beth Anne Steele in Portland declined to comment on the case.
Telephone messages left at the U.S. attorney's office in Portland as well as with lawyers representing Hawash and his wife, Lisa Hawash, were not returned Tuesday.
Hawash was picked up by FBI agents at about 7 a.m. on March 20 as he arrived at the parking lot for his job at Intel's Hawthorne Farms office in Hillsboro, Ore., said Steven McGeady, Hawash's former boss and friend, in a telephone interview with The Chronicle on Tuesday.
At about the same time, armed federal agents wearing bullet-proof vests stormed into Hawash's home and seized his computers and files, said McGeady, who spoke with Lisa Hawash about the incident.
Hawash's wife and their three young children were asleep when authorities arrived at their home, McGeady said.
"Lisa wasn't taken into custody, but they seized all their computers, files and left her with a grand jury subpoena," he said.
Intel spokesman Chuck Mulloy said FBI agents also have searched Hawash's cubicle and computer system at work.
Although Lisa Hawash has been able to visit her husband a couple of times a week, neither of them has been told by authorities why he is being detained, McGeady said.
The only thing the couple can think of is a pair of donations that Hawash made in 2000 to Global Relief Foundation, he said. The Illinois Islamic charity came under FBI scrutiny after the terrorist attacks on Sept. 11. In December 2001, the Treasury Department froze the foundation's bank accounts and confiscated its computers.
"This is really complete speculation on our part . . . but we can't think of any other reason," McGeady said.
He said he isn't sure exactly how much was donated, but the Oregonian newspaper recently reported that Hawash made donations of $5,165 and $5,050, citing the foundation's federal tax return for 2000.
"They made (the donations), but they thought it was a legitimate organization," McGeady said.
Hawash, born in the West Bank city of Nablus, grew up in Kuwait, McGeady said. He arrived in the United States in 1984 to attend the University of Texas at Arlington, where he earned both bachelor's and master's degrees in electrical engineering.
Hawash became a U.S. citizen in 1988, a year before he graduated and landed his first job at Compaq Computers in Houston. He was soon transferred to Seattle.
In 1992, he was hired to work at Intel's Multimedia Software Technology Group, said McGeady, who was Hawash's boss at the time.
Hawash was laid off in 2001 but has since been working at Intel as a contract software engineer, he said.
McGeady is spearheading efforts to free Hawash and has set up a Web site (www.freemikehawash.org) encouraging people to write letters to senators and representatives.
"We're also raising money to help pay for their legal expenses," McGeady said. "We're trying to provide (Lisa Hawash) with some support. One of the hardest things is the fact that she doesn't know if there is anything she can do."
E-mail Matthew Yi at myi@sfchronicle.com.
ACLU Criticizes Use Of Material Witness Law To Detain Hillsboro man
The American Civil Liberties Union today criticized the U.S. Justice Department’s detention of Maher (Mike) Hawash of Hillsboro. FBI agents and members of the Portland Joint Terrorism Task Force arrested Hawash on March 20 and he is reportedly being held in solitary confinement at the federal prison in Sheridan.Oregon ACLU Executive Director David Fidanque noted that Hawash is a U.S. citizen with strong ties to the local community. At the same time Hawash was arrested in a parking lot at Intel, other agents searched his home and served his wife, Lisa Hawash, with a grand jury subpoena.
“The use of material witness warrants and attorney gag orders has been part of the Justice Department’s campaign of detention and secrecy targeting Muslim and Arab-Americans during the past 18 months,” Fidanque said. “The material witness process was designed to be used in cases where there is a great risk that a witness may flee the jurisdiction to avoid testifying. It’s designed to preserve evidence, not to indefinitely detain individuals who haven’t been charged with a crime...”
...“All of this has been shrouded in secrecy,” Fidanque said. “Since the Justice Department won’t release any information and the lawyers of those who have been detained are under gag orders, there is no way for the public to evaluate whether these unprecedented measures are justified.
"What we do know is that our Constitution was designed to prevent government officials from secretly snatching individuals, holding them in isolation for weeks and frightening their families. If someone is suspected of a crime, go ahead and arrest them if you have the evidence. If you need someone to testify before a grand jury, give them a subpoena and let them testify.”
...Mike Hawash was born in Nablus on the West Bank and was raised in Kuwait before emigrating to the U.S. in 1984. He became a citizen in 1988 after receiving his undergraduate degree from the University of Texas. He has lived in Hillsboro since 1992 and has been a software design employee and contractor for Intel since that time. He and his wife are raising three children.
Here is the full text of the article in case the link goes bad:
http://www.aclu-or.org/issues/terrorism/Hawashcase.html
Oregon
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Misuse of Material Witness Law
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APRIL 3, 2003
ACLU CRITICIZES USE OF MATERIAL WITNESS LAW TO DETAIN HILLSBORO MAN
PORTLAND – The American Civil Liberties Union today criticized the U.S. Justice Department’s detention of Maher (Mike) Hawash of Hillsboro. FBI agents and members of the Portland Joint Terrorism Task Force arrested Hawash on March 20 and he is reportedly being held in solitary confinement at the federal prison in Sheridan.
Oregon ACLU Executive Director David Fidanque noted that Hawash is a U.S. citizen with strong ties to the local community. At the same time Hawash was arrested in a parking lot at Intel, other agents searched his home and served his wife, Lisa Hawash, with a grand jury subpoena.
“The use of material witness warrants and attorney gag orders has been part of the Justice Department’s campaign of detention and secrecy targeting Muslim and Arab-Americans during the past 18 months,” Fidanque said. “The material witness process was designed to be used in cases where there is a great risk that a witness may flee the jurisdiction to avoid testifying. It’s designed to preserve evidence, not to indefinitely detain individuals who haven’t been charged with a crime.”
According to a November 2002 Washington Post story on the use of material witness warrants, more than 40 people have been detained by the Justice Department since September 11, 2001. As of that time, seven of those were U.S. citizens. Federal trial courts have differed on whether the Justice Department’s actions comply with the law or the Constitution. (See link at: http://www.washingtonpost.com/ac2/wp-dyn/A31438-2002Nov23 )
Fidanque said the ACLU believes the Justice Department is using the law to “bring the full weight of the U.S. government down on individuals and their families to coerce them into doing whatever the government wants.”
“All of this has been shrouded in secrecy,” Fidanque said. “Since the Justice Department won’t release any information and the lawyers of those who have been detained are under gag orders, there is no way for the public to evaluate whether these unprecedented measures are justified.
"What we do know is that our Constitution was designed to prevent government officials from secretly snatching individuals, holding them in isolation for weeks and frightening their families. If someone is suspected of a crime, go ahead and arrest them if you have the evidence. If you need someone to testify before a grand jury, give them a subpoena and let them testify.”
Friends and co-workers of Hawash have established a website related to his case which can be found at: http://www.freemikehawash.org
Mike Hawash was born in Nablus on the West Bank and was raised in Kuwait before emigrating to the U.S. in 1984. He became a citizen in 1988 after receiving his undergraduate degree from the University of Texas. He has lived in Hillsboro since 1992 and has been a software design employee and contractor for Intel since that time. He and his wife are raising three children.
FBI, Joint Terrorism agents search home in Hillsboro
By Mark Larabee and Les Zaitz for the Oregonian.
A software designer was being held Thursday as a material witness in a terrorism investigation after FBI agents searched his Hillsboro home and his office at Intel.According to neighbors and co-workers, Maher Mofeid Hawash, 38, was the target of Thursday's searches by the FBI's Joint Terrorism Task Force.
Hawash was booked into the Multnomah County Detention Center on Thursday afternoon and put on a "material witness hold" at the request of the U.S. Marshal's Service, a sheriff's department spokesman said. A material witness designation allows the government to hold someone in order to compel testimony.
The FBI issued a short statement Thursday morning saying that in an "ongoing investigation," the Joint Terrorism Task Force had executed four federal search warrants in the Hillsboro area and that the Hillsboro Police Department assisted in the searches.
Prosecutors and investigators refused to say who the target of their search was or what they were looking for. The federal search warrants filed in the case are sealed, meaning the information in them is secret. Asked whether anyone was taken into custody as a result of the searches, officials said they could not answer the question because of a court order.
Hawash's neighbors on Northeast Aurora Drive said they saw several FBI agents arrive about 7 a.m. Thursday. They said the agents were there about four hours, removed several boxes from Hawash's house and canvassed surrounding homes asking fairly routine questions about Hawash and his activities.
Two women who asked not to be identified said they've known Hawash and his wife, Lisa, for four years and consider them friends. They said the couple have three children and are good neighbors who socialize regularly at neighborhood functions, such as barbecues. The women said they never noticed anything out of the ordinary.
An Intel engineer contacted by The Oregonian said agents came to the company's Hillsboro offices looking for Hawash on Thursday morning. He said he did not know why the agents were there.
Here is the full text of the article in case the link goes bad:
http://www.oregonlive.com/search/index.ssf?/base/news/104825159914540.xml?oregonian?lcps
FBI, Joint Terrorism agents search home in Hillsboro
03/21/03
MARK LARABEE
and LES ZAITZ
From Our Advertiser
A software designer was being held Thursday as a material witness in a terrorism investigation after FBI agents searched his Hillsboro home and his office at Intel.
According to neighbors and co-workers, Maher Mofeid Hawash, 38, was the target of Thursday's searches by the FBI's Joint Terrorism Task Force.
Hawash was booked into the Multnomah County Detention Center on Thursday afternoon and put on a "material witness hold" at the request of the U.S. Marshal's Service, a sheriff's department spokesman said. A material witness designation allows the government to hold someone in order to compel testimony.
The FBI issued a short statement Thursday morning saying that in an "ongoing investigation," the Joint Terrorism Task Force had executed four federal search warrants in the Hillsboro area and that the Hillsboro Police Department assisted in the searches.
Prosecutors and investigators refused to say who the target of their search was or what they were looking for. The federal search warrants filed in the case are sealed, meaning the information in them is secret. Asked whether anyone was taken into custody as a result of the searches, officials said they could not answer the question because of a court order.
Hawash's neighbors on Northeast Aurora Drive said they saw several FBI agents arrive about 7 a.m. Thursday. They said the agents were there about four hours, removed several boxes from Hawash's house and canvassed surrounding homes asking fairly routine questions about Hawash and his activities.
Two women who asked not to be identified said they've known Hawash and his wife, Lisa, for four years and consider them friends. They said the couple have three children and are good neighbors who socialize regularly at neighborhood functions, such as barbecues. The women said they never noticed anything out of the ordinary.
An Intel engineer contacted by The Oregonian said agents came to the company's Hillsboro offices looking for Hawash on Thursday morning. He said he did not know why the agents were there.
Hawash, who also goes by the name "Mike," could not be reached for comment. Messages left at his home and office went unanswered.
According to a short biography on the Addison-Wesley Web site, Hawash has been a multimedia software engineer at Intel for the past five years, focusing on video technologies. The bio states that he is a graduate of the University of Texas at Arlington, is a lead engineer on the MMX technology software team at Intel and has co-authored a book on the software.
Bill MacKenzie, an Intel spokesman, said Hawash is not an Intel "blue badge," or full-time, employee. When asked Thursday morning if the FBI had searched Intel, MacKenzie declined to say, then referred all questions to the Joint Terrorism Task Force.
Unconnected to the investigation of Hawash are his donations three years ago to an Islamic charity now under FBI scrutiny. Last year, the U.S. Treasury Department shut down Illinois-based Global Relief Foundation, saying some money was used to support terrorist activities. One of Global Relief's founders, Rabih Haddad, is in federal custody in Michigan, fighting deportation after a judge ruled he was an associate of terrorists.
Attached to Global Relief Foundation's federal tax return for the year 2000 is a list of 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 donors included individuals, Islamic charities across the country and mosques. Masjed As-Saber, the Islamic Center of Portland, was the eighth-largest donor that year to Global Relief Foundation, giving $38,935, the records show.
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. Ted Sickinger of The Oregonian staff contributed to this report
Oregonians: Show Your Support For Mike Hawash Monday Morning
I just spoke to Steven McGeady, the friend and former employer of Mike Hawash, a long-time US citizen who has been imprisoned under a secret warrant as a material witness by the Joint Terrorism Task Force in Portland, Oregon.
So far Mike has been held for over 14 days (since Thu, March 20) in Oregon's Sheridan Federal Prison.
He has been a U.S. citizen for 15 years, and lived in the U.S. for nearly 20 years.
Mike is 38, and is married to a Roseberg, Oregon woman. They raise their three children in Hillsboro, Oregon where Mike worked as a software engineer at Intel Corp up until his arrest.
Mike's finally getting a hearing this Monday morning at Hatfield Federal Courthouse in Portland, Oregon.
Mike's friends and family ask that you show your support by gathering in front of the Federal Courthouse for a peaceful demonstration of support.
Important Note: It is important to not block the entrance to the Courthouse or get in the way of the cars driving in the street -- because of anti-war protests, the police are on heightened alert, and we don't want anyone to get in trouble.
A peaceful rally by well-mannered friends and supporters will show the Justice Department and media the depth of support for Mike, and our outrage over the trampling of his civil rights.
We expect Mike's wife, Lisa, to come through on her way into the Courthouse.
Day: Monday, April 7, 2003
Time: 8:15-8:30 AM or so until about 9:15.
Mark Hatfield U.S. Courthouse
100 SW 3rd Ave
Corner of SW Salmon/3rd
Portland, OR
Parking is available nearby at 4th and Yamhill.
For those of you that don't live in the Oregon area (like me), I'll be posting a letter soon that you can FAX to your Reps and local newspapers over the weekend. Thanks!
For those of you who aren't sure yet what all of the fuss is about, stay tuned on this blog-channel: much documentation to follow!
