Taking Liberties
Are tough new responses to terrorism upsetting the balance between legal rights and national security?
Hawash originally was held under the material witness law, which permits the government to detain someone whose testimony is "material in a criminal proceeding." The law was intended to be used when a person is likely to flee the country to avoid testifying. Critics say the Justice Department is using it as a way to detain people indefinitely while searching for evidence against them.
Whatever the outcome of the Moussaoui, Padilla, and Hawash cases, critics say that since 9/11 there have been many other instances of newly aggressive tactics by the Justice Department. In the wartime atmosphere often cited by defenders of antiterrorism measures, "there is always a danger of saying `we can tolerate this' and `we can tolerate that,' " says law professor Saltzburg. "It's when you put those all together that you get a climate that frightens people."
Under Suspicion
ZACARIAS MOUSSAOUI
The French citizen is the only person charged in an American court in connection with 9/11. A key issue is whether he may question an alleged terrorist who might help his defense.
MAHER "MIKE" HAWASH
An Intel software engineer, Hawash was held as a material witness for five weeks without charges. Critics say the government is using that law improperly. Last week he was charged with conspiracy.
JOSE PADILLA
The former gang member is being held as an enemy combatant. Prosecutors say he was plotting to detonate a "dirty bomb." He has not been allowed to speak to a lawyer, despite a judge's rulings in his favor.
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