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