Friends of an Arab American software engineer detained by the FBI two weeks ago as a material witness in a terrorism investigation are advocating his release.

Maher Mofied Hawash, a U.S. citizen since 1988, has been in federal custody since March 20, and authorities refuse to say why.

The Oregonian reported March 21 that Hawash and his wife had given about $10,000 to an organization that is being investigated for allegedly contributing to terrorist causes, although authorities would not discuss the donations.

"He's been reporting that he has not been questioned or interrogated," said Steven McGeady, Hawash's former boss, who has posted a Web site -- freemikehawash.org -- with information about the case. "He doesn't know why he's there."

Hawash's friends, Arab leaders and defense lawyers say the case and others like it raise concerns about open government and fears of false imprisonment.

Under a 1984 "material witness" statute, prosecutors can detain someone without charges if his testimony is "material" to an investigation and the individual is likely to flee. Prosecutors note safeguards: A judge must approve the arrest, and the detainee has the right to an attorney and a release hearing.

Prosecutors historically used the statute to hold illegal immigrants so they could testify about alien smugglers, knowing that once the witnesses were deported, it was unlikely they could be recalled.

Unprecedented security Since the Sept. 11 attacks, the U.S. Justice Department has used the statute to hold people under unprecedented levels of secrecy.

Officials refuse to say how many material witnesses they've held in terrorism-related cases, but note that the statute has been used dozens of times. In many of those cases, witnesses testified before a grand jury. Some ultimately were charged with crimes.

James Ujaama, detained as a material witness in July in Seattle, was charged a month later with providing material support to al-Qaida.

In Portland, a grand jury is meeting in the case of six people charged with aiding al-Qaida and the Taliban, and prosecutors have said they expect new charges and additional defendants.

So far, Hawash's case is also secret. There's no public record of his arrest, the search warrants filed on his Hillsboro home or office are sealed, and a federal judge has ordered defense lawyers and prosecutors not to discuss it.

Charles Gorder, the assistant U.S. attorney in charge of terrorism cases in Portland, said there's no question grand jury proceedings occur without public scrutiny to keep certain evidence secret and to protect national security.

"We use every legal tool we can to investigate terrorism," he said.

Hawash, 38, is a native of Palestine and has worked at Intel since 1992, both as an employee and, most recently, a contractor.

Donations to charity Hawash's donations three years ago to Illinois-based Global Relief Foundation were detailed in the charity's tax returns. The foundation has been shut down by federal agents who say some of the money was used to support terrorist activities. Hawash has not been linked to any terrorist activity or investigation of the charity.

Hawash's lawyers did not return phone calls. His wife, Lisa, has refused to talk about the case, fearing legal repercussions, McGeady said. The couple have three children.

McGeady said his Web site is not political, just an effort to get answers and raise money for Hawash's defense.

"You expect something like this in a Third World country, but not here," McGeady said. "Something like this happens, and it's all secret and weird, and everybody gets a little spooked."

Steven Wax, federal public defender for Oregon, said that although there could be good reason for Hawash's detention, such cases seem counter to a citizen's right to a speedy and public trial.

"The danger that we have today is that when you do things in private, the potential for abuse by the government is far greater than it is in the light of day," Wax said.

Shahriar Ahmed, president of the Bilal Mosque in Beaverton, said he's heard from a number of people concerned about Hawash's arrest.

"People are very scared, people are very surprised, and they feel very helpless," he said. "There's a lot of apprehension."

The Oregonian's original report on Hawash can be found at www.oregonlive.com/news/oregonian/index.ssf?/base/news/104825159914540.xml

Copyright 2003 The Oregonian

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