With respect to the last few posts, the US government has detained 70 people in the US under the "Material Witness Law". All but one were Muslim, and several (many?), who are US citizens, were put in maximum security prison for weeks or months, without charge and without due process. Many (perhaps most) were subsequently released, some with an apology, but they do not know why they were arrested and detained.
Anyone (including US citizens) can be arrested and detained without due process under the "Material Witness Law" with little recourse. Many legal experts maintain that the Bush administration is abusing this law. From some interviews of the victims, it would appear that the FBI has 'terroized' a few people.
Some background and details -
http://www.washingtonpost.com/ac2/wp-dyn/A31438-2002Nov23
Material Witness Law Has Many In Limbo
Nearly Half Held in War On Terror Haven't Testified
http://www.rcfp.org/secretjustice/terrorism/materialwitness.html
http://www.rcfp.org/secretjustice/terrorism/gainingaccess.html
Human Rights Groups: Law Misused in Fight Against Terrorism
http://www.npr.org/templates/story/story.php?storyId=4719653
Material Witness Statute Abuse is Founded on a Misreading of the Law
http://www.discourse.net/archives/2...se_is_founded_on_a_misreading_of_the_law.html
III. Misuse of the Material Witness Law to Hold Suspects as Witnesses
http://hrw.org/reports/2005/us0605/5.htm
http://hrw.org/reports/2005/us0605/8.htm
I heard an interview by BBC reporter Michael Buchanan with Tajammul Bhatti and Abdullah al-Kidd. It is absolutely unbelieveable what these guys went through. They were harassed, initimidated, arrested and thrown in maximum security prison, but they were never charged or deposed. The evidence was circumstantial and would never have held up in normal court, and I doubt a judge would have issued a warrant based on circumstantial evidence. And Bush wants more flexibility.
Bhatti had a name of a Pakistani nuclear scientist and periodically contacted him. To the FBI, that was suspicious. It turns out that the nuclear scientist is a childhood friend. According to Bhatti, he thinks the FBI believed he was part of a sleeper cell, despite the fact that he has been in US more than 30 years and has had US citizenship since 1970.
Abdullah al Kidd, a US native and former University of Idaho football player, was arrested by the FBI at Dulles International Airport en route to Saudi Arabia. The FBI arrested three other men in the Idaho probe in weeks prior to March 16, 2003. And the FBI was examining links between the Idaho men and purported charities and individuals in six other jurisdictions across the country. Al-Kidd was never charged with anything. He was enroute to Saudi Arabia to begin a doctoral program. Mueller claimed his arrest as a success in the counter-terrorism part of the "War on Terror" - in reality it is an unmitigated failure on the part of the Bush administration to ensure 'due process' and uphold basic human and civil rights. This is exactly why we need oversight on the government's domestic surveillance. If someone were to steal one's identity and commit some questionable act, the Bush administration could haul one away without charge, without trial, and basically trash one's life.
http://www.msnbc.msn.com/id/8359249/site/newsweek
July 4 issue - Since 9/11, the Justice Department has used a little-known legal tactic to secretly lock up at least 70 terror suspects—almost all of them Muslim men—and hold them without charges as "material witnesses" to crimes, in some cases for months. A report to be released this week by two civil-liberties groups finds nearly 90 percent of these suspects were never linked to any terrorism acts, resulting in prosecutors and FBI agents issuing at least 13 apologies for wrongful arrest.
The post-9/11 decision to aggressively use "material witness" warrants to detain suspects has been defended by Justice officials as a legitimate tool to root out possible terror cells. (A federal law, though used sparingly in the past, permits detention of witnesses who might have "material" info about a crime—even with no evidence they committed any crimes themselves.) The practice has been shrouded. Citing national security, Justice has refused to disclose virtually any info about these cases, not even figures on how many have been detained. By combing court records and interviewing defense lawyers, researchers for Human Rights Watch and the American Civil Liberties Union say they have assembled the most comprehensive look yet at the practice—and conclude it may have produced the most civil-liberties abuses of any post-9/11 policy. Out of the 70 "material witness" arrests the groups were able to document, only seven suspects ended up charged with terror-related crimes.
Of the rest, 42 were released with no charges at all and another 20 were charged with unrelated crimes, such as credit-card fraud. (Two, Jose Padilla and Ali al-Marri, were named "enemy combatants" and thrown into military brigs.) The report cites instances in which agents used what it calls "flimsy" evidence to make arrests. A 68-year-old Virginia doctor named Tajammul Bhatti was arrested by the FBI in June 2002 after neighbors found magazines about flying and a phone number of a Pakistani nuclear scientist in his apartment. It turned out he had served in the U.S. Air Force National Guard and the Pakistani scientist was a childhood friend. Another "tip" led to the arrest of eight restaurant workers in Evansville, Ind., who were shackled and taken to a detention facility in Chicago. The FBI later apologized—but never disclosed the basis for their detention. "The law was never designed to be used this way," says Anjana Malhotra, the prime author of the report. Justice spokesman Kevin Madden called "material witness" detentions a "critical" tool to thwart crimes and cited recent testimony from a top official, Chuck Rosenberg, noting that every material-witness arrest warrant must be based on "probable cause" and approved by a federal judge. "Justice cannot unilaterally arrest someone as a material witness," Rosenberg said.
—Michael Isikoff
None of this really matters, does it? Unless it's you or someone you care about.