Mike Hawash
Encyclopedia
Maher Mofeid "Mike" Hawash is a Palestinian
-born American
engineer
who was convicted and sentenced to a seven-year prison
sentence in 2003 for conspiring to aid the Taliban in fighting against U.S. forces and their allies in Afghanistan
. Six weeks after 9/11, Hawash secretly traveled to China
with a group of Portland-area Muslims, dubbed the Portland Seven, with the intent of entering Afghanistan to aid the Taliban. Hawash and his fellow conspirators were unable to reach Afghanistan due to visa problems, according to federal authorities,
Over a year later, after continuing to live and work near Portland, Hawash was arrested outside his office at Intel
, setting off a heated debate about material witness
arrest and detention and the USA PATRIOT Act
, and galvanizing a movement to free Hawash. Hawash eventually pleaded guilty to conspiring to aid the Taliban in exchange for a reduced, seven-year sentence. He was released from prison in early 2009.
in the West Bank
on December 12, 1964. A Jordan
ian citizen, in 1990 Hawash became a naturalized U.S. citizen.
Hawash emigrated to the United States in 1984 and attended the University of Texas at Arlington
where he obtained degrees in Computer Science and Engineering. He was employed by Compaq
as an engineer from 1989 through 1992, when he was hired by Intel and moved to Portland, Oregon. Hawash worked at Intel’s Israel facility from 1994 to 1996 and continued working for Intel until 2001. He was co-author of the 1997 book DirectX, RDX, RSX, and MMX Technology. In 1995, he married a Christian woman from rural Oregon, and together they had two children. Hawash's wife had a child from a previous marriage.
Masjed as-Saber was a major donor to the Global Relief Foundation
, a Muslim charity "shut down in late 2001 over allegations of fund-raising and money-laundering for terrorist groups," and a charity to which Hawash had contributed $10,000.
After the 9/11 attacks, according to neighbors, Hawash became increasingly withdrawn and unfriendly. Hawash later testified that he believed Muslims could not have been responsible for the 9/11 attacks, and that "retaliation against the Taliban for harboring al Qaeda in Afghanistan
was wrong."
, a Jordanian; Muhammad Ibrahim Bilal
and his brother, Ahmed Ibrahim Bilal
, Americans of Saudi heritage; as well as Jeffrey Leon Battle
and Patrice Lumumba Ford
, two African-American Muslims, and October Martinique Lewis
(Battle's ex-wife).
"The men began calling themselves muhajid
and referring to Saoub as their emir
. They adopted the name Katibat al Mawt — The Squad of Death."
Hawash traveled alone to China, meeting up with the other five men. After numerous unsuccessful attempts by the group to obtain visas to gain entry into Afghanistan, Hawash returned to the United States, where he arranged to get $2,000 to al Saoub in China.
In October 2002 the six members of the group other than Hawash were indicted and four were arrested. Ahmed Bilal and Al Saoub remained fugitives.
In March 2003, Hawash was also arrested as a material witness, and after a five-week detention was charged. In September 2003 the group, now dubbed "The Portland Seven", "were all named in the 15-count superseding indictment that included charges of conspiracy to levy war against the United States, conspiracy to provide material support and resources to al Qaeda
, conspiracy to contribute services to al Qaeda and the Taliban, conspiracy to possess and discharge firearms in furtherance of crimes of violence, possessing firearms in furtherance of crimes of violence and money laundering
."
and was held for over five weeks without charge. During this period, Hawash declined to testify before a grand jury
, invoking his Fifth Amendment
right. He was eventually charged with traveling to China to aid the Taliban.
As Hawash was arrested, his house was searched by armed FBI agents in the presence of his wife and their three children. Hawash's wife later told authorities that her husband had told her that he had been in China on business.
due to the nature of his arrest: he was held in solitary confinement and with limited access to attorneys for over five weeks under a material witness warrant, and evidence against him was sealed and presented in closed court. This sparked some elements of the controversy surrounding Hawash's arrest and detention.
Hawash's former boss, Intel Vice-President Steven McGeady
, led a group of former Intel employees who protested Hawash's detention without charge and demanded his release. They staged protests and set up a defense fund and website, freemikehawash.org. The New York Times quoted McGeady describing Hawash's pre-trial detention as "Alice in Wonderland meets Franz Kafka
."
After Hawash was formally charged, McGeady, acting as spokesman for Hawash's family, said "People who know Mike believe the idea that Mike would have fought for the Taliban in Afghanistan is completely absurd and that he ultimately will be cleared" and “We hope that once a jury hears what happened, they’ll realize that a mistake was made.”
Hawash's attorney, Stephen Houze said “It’s our intention to shed the light of day on what has been a dark cloud of secrecy,” stating that he would use his pre-trial discovery powers to compel the United States to declassify any evidence it plans to use in the case. “This is America,” he added. “We have an open court system.”
The most significant evidence against Hawash and the Portland Seven was gathered (under provisions from the USA Patriot Act
) from emails the men had sent each other.
According to Fox News, Hawash pleaded guilty to conspiring to provide services to the Taliban. Prosecutors agreed to drop charges of conspiring to levy war against the United States and conspiring to provide material support for terrorism. U.S. District Judge Robert E. Jones
asked Hawash during the hearing "You and the others in the group were prepared to take up arms, and die as martyrs if necessary, to defend the Taliban. Is this true?" Hawash replied "Yes, your honor."
In his allocution
at sentencing he noted he had had misgivings on the way and had come home shortly afterward. "It's something that I have done that is completely out of my character," Hawash said. "It's not something ingrained in me or something that I do. It was just a diversion in my life, and I clearly know that it's an unlawful act that I have done."
Hawash also noted that the federal government had treated him fairly and with dignity.
Hawash received a seven-year sentence (as opposed to a potential twenty-year sentence) in exchange for testifying against some of his fellow conspirators. Sentencing Judge Jones commented to Hawash at his sentencing that "you hurt your religion very deeply," and that Hawash had offered to cooperate with the government only after being indicted. The judge went on to say "I'm convinced that you will never again commit a criminal act."
The other living members of the Portland Seven were also sentenced in separate trials: Habis al Saoub was never captured and has been confirmed dead by authorities in Afghanistan. Ford and Battle are each serving eighteen-year sentences. Lewis, who did not travel with the group, was sentenced to three years in a federal prison camp. Muhammad Bilal received an eight-year sentence, while Ahmed Bilal got ten years.
. These people are dangerous. They need to be stopped."
Reactions among Hawash's supporters were mixed. "The group offered to refund any of the $25,000 that had been collected earlier, and a few donors took them up on it."
Hawash was released from prison in 2009, after serving most of his seven-year sentence.
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
-born American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
engineer
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...
who was convicted and sentenced to a seven-year prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
sentence in 2003 for conspiring to aid the Taliban in fighting against U.S. forces and their allies in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. Six weeks after 9/11, Hawash secretly traveled to China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
with a group of Portland-area Muslims, dubbed the Portland Seven, with the intent of entering Afghanistan to aid the Taliban. Hawash and his fellow conspirators were unable to reach Afghanistan due to visa problems, according to federal authorities,
Over a year later, after continuing to live and work near Portland, Hawash was arrested outside his office at Intel
Intel Corporation
Intel Corporation is an American multinational semiconductor chip maker corporation headquartered in Santa Clara, California, United States and the world's largest semiconductor chip maker, based on revenue. It is the inventor of the x86 series of microprocessors, the processors found in most...
, setting off a heated debate about material witness
Material witness
A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at...
arrest and detention and the USA PATRIOT Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
, and galvanizing a movement to free Hawash. Hawash eventually pleaded guilty to conspiring to aid the Taliban in exchange for a reduced, seven-year sentence. He was released from prison in early 2009.
Background
Mike Hawash was born in NablusNablus
Nablus is a Palestinian city in the northern West Bank, approximately north of Jerusalem, with a population of 126,132. Located in a strategic position between Mount Ebal and Mount Gerizim, it is the capital of the Nablus Governorate and a Palestinian commercial and cultural center.Founded by the...
in the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
on December 12, 1964. A Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
ian citizen, in 1990 Hawash became a naturalized U.S. citizen.
Hawash emigrated to the United States in 1984 and attended the University of Texas at Arlington
University of Texas at Arlington
The University of Texas at Arlington is a public research university located in Arlington, Texas, United States. The campus is situated southwest of downtown Arlington, and is located in the Dallas–Fort Worth metropolitan area. The university was founded in 1895 and served primarily a military...
where he obtained degrees in Computer Science and Engineering. He was employed by Compaq
Compaq
Compaq Computer Corporation is a personal computer company founded in 1982. Once the largest supplier of personal computing systems in the world, Compaq existed as an independent corporation until 2002, when it was acquired for US$25 billion by Hewlett-Packard....
as an engineer from 1989 through 1992, when he was hired by Intel and moved to Portland, Oregon. Hawash worked at Intel’s Israel facility from 1994 to 1996 and continued working for Intel until 2001. He was co-author of the 1997 book DirectX, RDX, RSX, and MMX Technology. In 1995, he married a Christian woman from rural Oregon, and together they had two children. Hawash's wife had a child from a previous marriage.
Hawash becomes an increasingly fundamentalist Muslim
Around 2000, Hawash began to drift toward a more fundamentalist Islam, in part as a reaction to the death of his father.Masjed as-Saber was a major donor to the Global Relief Foundation
Global Relief Foundation
The Global Chevra Foundation , also known as Foundation Secours Mondial or FSM, was an Islamic charity based in Bridgeview, IL until it was raided and shut down on December 14, 2001 and listed among the "Designated Charities and Potential Fundraising Front Organizations for Foreign Terrorist...
, a Muslim charity "shut down in late 2001 over allegations of fund-raising and money-laundering for terrorist groups," and a charity to which Hawash had contributed $10,000.
After the 9/11 attacks, according to neighbors, Hawash became increasingly withdrawn and unfriendly. Hawash later testified that he believed Muslims could not have been responsible for the 9/11 attacks, and that "retaliation against the Taliban for harboring al Qaeda in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
was wrong."
Hawash and the Portland Seven
According to federal authorities, Hawash met the other conspirators, later dubbed the Portland Seven, at his new mosque. These included Habis Abdulla al SaoubHabis Abdulla al Saoub
Habis Abdulla al Saoub, aka Abu Tarek, was a Jordanian national and member of the Portland Seven, and later a member of an al Qaeda cell...
, a Jordanian; Muhammad Ibrahim Bilal
Muhammad Bilal
Muhammad Ibrahim Bilal was a member of a terrorist group dubbed the Portland Seven, some members of which attempted to travel to Afghanistan shortly after 9/11 in order to aid the Taliban. In October 2002, Bilal was indicted and shortly thereafter arrested in Detroit...
and his brother, Ahmed Ibrahim Bilal
Ahmed Bilal
Ahmed Ibrahim Bilal was a member of a terrorist group dubbed the Portland Seven, some members of which attempted to travel to Afghanistan shortly after 9/11 in order to aid the Taliban. He was indicted and arrested in Malaysia in October of 2002...
, Americans of Saudi heritage; as well as Jeffrey Leon Battle
Jeffrey Battle
Jeffrey Leon Battle was a member of a terrorist group dubbed the Portland Seven, some members of which attempted to travel to Afghanistan shortly after 9/11 in order to aid the Taliban. He refused to cooperate with the government and was sentenced to eighteen years in prison after pleading guilty...
and Patrice Lumumba Ford
Patrice Lumumba Ford
Patrice Lumumba Ford has been accused of membership in a terrorist group dubbed the Portland Seven, members of which attempted to travel to Afghanistan shortly after 9/11 in order to aid the Taliban...
, two African-American Muslims, and October Martinique Lewis
October Lewis
October Martinique Lewis was a member of a terrorist group dubbed the Portland Seven, some members of which attempted to travel to Afghanistan shortly after 9/11 in order to aid the Taliban. Lewis was sentenced to three years in a federal prison camp after cooperating with the government and...
(Battle's ex-wife).
"The men began calling themselves muhajid
Mujahideen
Mujahideen are Muslims who struggle in the path of God. The word is from the same Arabic triliteral as jihad .Mujahideen is also transliterated from Arabic as mujahedin, mujahedeen, mudžahedin, mudžahidin, mujahidīn, mujaheddīn and more.-Origin of the concept:The beginnings of Jihad are traced...
and referring to Saoub as their emir
Emir
Emir , meaning "commander", "general", or "prince"; also transliterated as Amir, Aamir or Ameer) is a title of high office, used throughout the Muslim world...
. They adopted the name Katibat al Mawt — The Squad of Death."
Hawash traveled alone to China, meeting up with the other five men. After numerous unsuccessful attempts by the group to obtain visas to gain entry into Afghanistan, Hawash returned to the United States, where he arranged to get $2,000 to al Saoub in China.
In October 2002 the six members of the group other than Hawash were indicted and four were arrested. Ahmed Bilal and Al Saoub remained fugitives.
In March 2003, Hawash was also arrested as a material witness, and after a five-week detention was charged. In September 2003 the group, now dubbed "The Portland Seven", "were all named in the 15-count superseding indictment that included charges of conspiracy to levy war against the United States, conspiracy to provide material support and resources to al Qaeda
Providing material support for terrorism
Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...
, conspiracy to contribute services to al Qaeda and the Taliban, conspiracy to possess and discharge firearms in furtherance of crimes of violence, possessing firearms in furtherance of crimes of violence and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
."
Arrest and detention
On March 20, 2003, federal authorities arrested Hawash in the parking lot of Intel. He is reported to have said, “I’ve been expecting you.” Hawash was initially arrested and detained as a material witnessMaterial witness
A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at...
and was held for over five weeks without charge. During this period, Hawash declined to testify before a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
, invoking his Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right. He was eventually charged with traveling to China to aid the Taliban.
As Hawash was arrested, his house was searched by armed FBI agents in the presence of his wife and their three children. Hawash's wife later told authorities that her husband had told her that he had been in China on business.
Hawash as cause célèbre
Hawash became a cause célèbreCause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
due to the nature of his arrest: he was held in solitary confinement and with limited access to attorneys for over five weeks under a material witness warrant, and evidence against him was sealed and presented in closed court. This sparked some elements of the controversy surrounding Hawash's arrest and detention.
Hawash's former boss, Intel Vice-President Steven McGeady
Steven McGeady
Steven McGeady is a former Intel executive best known as a witness in the Microsoft antitrust trial. His notes contained colorful quotes by Microsoft executives threatening to "cut off Netscape's air supply" and Bill Gates' guess that "this anti-trust thing will blow over"...
, led a group of former Intel employees who protested Hawash's detention without charge and demanded his release. They staged protests and set up a defense fund and website, freemikehawash.org. The New York Times quoted McGeady describing Hawash's pre-trial detention as "Alice in Wonderland meets Franz Kafka
Franz Kafka
Franz Kafka was a culturally influential German-language author of short stories and novels. Contemporary critics and academics, including Vladimir Nabokov, regard Kafka as one of the best writers of the 20th century...
."
After Hawash was formally charged, McGeady, acting as spokesman for Hawash's family, said "People who know Mike believe the idea that Mike would have fought for the Taliban in Afghanistan is completely absurd and that he ultimately will be cleared" and “We hope that once a jury hears what happened, they’ll realize that a mistake was made.”
Hawash's attorney, Stephen Houze said “It’s our intention to shed the light of day on what has been a dark cloud of secrecy,” stating that he would use his pre-trial discovery powers to compel the United States to declassify any evidence it plans to use in the case. “This is America,” he added. “We have an open court system.”
Evidence against Hawash
Some of the evidence against Hawash and the Portland Seven was gathered by Khalid Mustafa, a "small-time criminal" who infiltrated Hawash's mosque and recorded conversations with Battle.The most significant evidence against Hawash and the Portland Seven was gathered (under provisions from the USA Patriot Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
) from emails the men had sent each other.
Sentencing
In August 2003, Hawash surprised his supporters by pleading guilty to one charge in exchange for a reduced sentence.According to Fox News, Hawash pleaded guilty to conspiring to provide services to the Taliban. Prosecutors agreed to drop charges of conspiring to levy war against the United States and conspiring to provide material support for terrorism. U.S. District Judge Robert E. Jones
Robert E. Jones (judge)
Robert Edward Jones is an American politician and judge in Oregon. He is currently a senior judge for the United States District Court for the District of Oregon in the Portland...
asked Hawash during the hearing "You and the others in the group were prepared to take up arms, and die as martyrs if necessary, to defend the Taliban. Is this true?" Hawash replied "Yes, your honor."
In his allocution
Allocution
Generally, to allocute in law means "to speak out formally." In the field of apologetics, allocution is generally done in defense of a belief. In politics, one may allocute before a legislative body in an effort to influence their position on an issue...
at sentencing he noted he had had misgivings on the way and had come home shortly afterward. "It's something that I have done that is completely out of my character," Hawash said. "It's not something ingrained in me or something that I do. It was just a diversion in my life, and I clearly know that it's an unlawful act that I have done."
Hawash also noted that the federal government had treated him fairly and with dignity.
Hawash received a seven-year sentence (as opposed to a potential twenty-year sentence) in exchange for testifying against some of his fellow conspirators. Sentencing Judge Jones commented to Hawash at his sentencing that "you hurt your religion very deeply," and that Hawash had offered to cooperate with the government only after being indicted. The judge went on to say "I'm convinced that you will never again commit a criminal act."
The other living members of the Portland Seven were also sentenced in separate trials: Habis al Saoub was never captured and has been confirmed dead by authorities in Afghanistan. Ford and Battle are each serving eighteen-year sentences. Lewis, who did not travel with the group, was sentenced to three years in a federal prison camp. Muhammad Bilal received an eight-year sentence, while Ahmed Bilal got ten years.
Aftermath
According to the Assistant U.S. attorney who prosecuted the case, "This was an important case in the battle against terrorism. It's one example of a number of cases around the country where a small group of people are enamored of the concept of violent jihadJihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
. These people are dangerous. They need to be stopped."
Reactions among Hawash's supporters were mixed. "The group offered to refund any of the $25,000 that had been collected earlier, and a few donors took them up on it."
Hawash was released from prison in 2009, after serving most of his seven-year sentence.