Date: Fri, 4 Apr 2003 09:10:45 -0500 (EST) From: belmonte@MIT.EDU (Matthew Belmonte) To: senator@kennedy.senate.gov (Ted Kennedy), john_kerry@kerry.senate.gov (John Kerry), CapuanoHR8@aol.com (Mike Capuano) Subject: free Mike Hawash I write in order to bring to your attention a case in which the Justice Department in its zeal has overstepped the bounds of due process and habeas corpus, depriving a United States citizen of his liberty without charging him with any crime. I hope that you will act to place pressure on the Justice Department to stop using such tactics, and that you will oppose any further legislation that may give the Justice Department new powers to expand this climate of abuse. On Thursday morning 20 March, Mike (Maher) Hawash, a United States citizen and a long-time employee at Intel Corporation, was arrested by agents of the FBI and the Joint Terrorism Task Force as he arrived at work in Hillsboro, Oregon. Simultaneously, FBI agents in bulletproof vests and carrying M16 rifles woke Mr Hawash's wife and three children in their home, searched it for four hours, and presented Mrs Hawash with a grand jury subpoena. It was subsequently revealed that Mr Hawash was being `detained' as a material witness. All of the court documents in this case are sealed. Mr Hawash was held incommunicado from his family and his attorneys for several days. Neither he, his attorneys, nor anyone else knows why he is being detained. It is difficult to reconcile the principles of an open and democratic society with a climate in which a citizen can be arrested and held in a maximum security federal prison for an indefinite period (the New York Times recently wrote of a man held for more than 9 months as a `material witness' before being released without charge). How can a man with a house, a job, and a family in the United States be considered such a `flight risk' that he needed to be held in a maximum security prison? And for what possible reason is all of this being kept secret from his friends and from the press? Although Mr Hawash became a citizen of the United States by naturalisation, this history shouldn't diminish his rights as a citizen. If he can be targeted because of his Palestinian birth and Jordanian nationality, perhaps I too could eventually become a target: I have spent a significant amount of time living and working outside the United States, and have been outspoken in my criticism of many United States policies. In this climate of secret evidence and indefinite detention without charge, none of us can or should feel safe. Again, I hope that you will use all means available to you to investigate the detention of Mike Hawash and similar cases, and to rein in the Justice Department's efforts which seem only to destroy freedom in an attempt to preserve it. Sincerely Matthew Belmonte [address]