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Former Intel Engineer Pleads Guilty To Taliban Aid

theodp writes "Following up on an earlier Slashdot story, software engineer Maher "Mike" Hawash pleaded guilty Wednesday to conspiring to provide services to the Taliban, agreeing to testify against other suspects in exchange for the dropping of other terrorism charges. He will serve at least seven years in federal prison under the deal. In March, federal agents seized Hawash from a parking lot outside Intel Corp., where he worked, and held him as a material witness until charges were filed five weeks later."

186 of 1,449 comments (clear)

  1. shoulda shaved or something by gfody · · Score: 5, Funny

    look at him.. I don't mean to come off as a racist or anything, but seriously. when you are in fact a terrorist, wouldn't it make sense to sharpen up a little, maybe try and cut down on the co-worker-thinks-im-a-terrorist-because-i-look-lik e-this factor?

    --

    bite my glorious golden ass.
    1. Re:shoulda shaved or something by gfody · · Score: 5, Funny

      at least they caught him before he was able to complete his mission and convince you guys to implement cpu serials numbers in the p4

      --

      bite my glorious golden ass.
    2. Re:shoulda shaved or something by leiz · · Score: 3, Funny

      reminds me of Stallman...

    3. Re:shoulda shaved or something by Anonymous Coward · · Score: 4, Insightful

      So you're asking him to go against his religious beliefs so that YOU can feel safer? (ok so he WAS a terrorist.. but not everyone with scrappy looking beards are, some are just trying to make a living like you and I)

    4. Re:shoulda shaved or something by chibiyoukai · · Score: 2, Funny

      So.. I guess he's a terrorist, too?

    5. Re:shoulda shaved or something by Moridineas · · Score: 3, Informative

      Just FWIW, it's pretty much required for Muslim men to grow beards. Actually, the four legal schools disagree on specifics, but I think the agreed upon length of beard is one fist away from the face. It's more than tradition.

    6. Re:shoulda shaved or something by mnmn · · Score: 2, Funny


      Is THIS the kind of people taking our tech jobs away?!?

      Man I must have the wrong approach to looking for work. They are looking for diversifying. I'll put gay nymphomaniac Siberian on my resume.

      --
      "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
    7. Re:shoulda shaved or something by Frostalicious · · Score: 2, Insightful

      I think it was meant from the opposite point of view. He was a terrorist, and he knew he was. So he should have tried his best to look like Captain America, as a strategy to divert any well founded suspicion. The 911 hijackers did something similar. As I recall, they mostly shaved and wore suits, to blend in and inspire confidence.

    8. Re:shoulda shaved or something by freeze128 · · Score: 2, Interesting

      Are you sure the picture wasn't modified with Photoshop? :)
      I seem to remember him being well-shaven when he was picked up.

    9. Re:shoulda shaved or something by Eric+Seppanen · · Score: 3, Interesting

      Funny how the courtroom sketch of him doesn't look like that at all. Not really worth picking on Fox News, though. CNN and lots of other news sites are using the same photo with the evil beard.

      --
      314-15-9265
    10. Re:shoulda shaved or something by DoorFrame · · Score: 2, Funny

      Was that Courtoom sketch done by a five year old? It looks like it was done with Crayons. I'll stick with the evil photo until we get a talented sketch artist.

    11. Re:shoulda shaved or something by Rolo+Tomasi · · Score: 5, Funny

      Dude, you don't wanna look pretty when you're in prison.

      --
      Did you know you can fertilize your lawn with used motor oil?
    12. Re:shoulda shaved or something by m00nun1t · · Score: 3, Insightful

      his hair is short and reasonably neat. Obviously been cut in the last month. If they aren't letting him near razors, whoever cut his hair could have shaved him.

    13. Re:shoulda shaved or something by TPFH · · Score: 3, Informative
      Orthidox and Hasidic Jews, as well as Orthidox Christians do the same thing and probably the same reason. I thought it would be something in Leviticus, did a search and found it....

      "You shall not shave around the sides of your head, nor shall you disfigure the edges of your beard" (Leviticus 19:27); and, "They shall not make any bald place on their heads, nor shall they shave the edges of their beards nor make any cuttings in their flesh" (Leviticus 21:5).


      I think that those that do not shave for relgious reasons (of the Abrahamic religions) do so because they follow the many rules listed in Leviticus.
      --
      This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
    14. Re:shoulda shaved or something by valkraider · · Score: 2

      You can get some more perspective on the whole case and series of events - if interested in information - from the Portland Tribune.

      Another great breakdown here and here.

    15. Re:shoulda shaved or something by PaxTech · · Score: 4, Informative

      According to CNN, Hawash is a "naturalized U.S. citizen of Palestinian descent". I'm not sure how that makes Afghanistan "his country" to protect.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    16. Re:shoulda shaved or something by smithmc · · Score: 3, Informative

      This guy simply wanted to go home, and protect his country from what he viewed as US aggression.

      Hawash is a US citizen. This is his country. If he felt otherwise, what was he doing here?

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  2. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  3. This is scarey by Anonymous Coward · · Score: 2, Interesting

    I worked with him and thought, up to now, that he was innocent.

    1. Re:This is scarey by Gorobei · · Score: 2, Insightful

      The interesting thing about this case is that he was a NATURALIZED CITIZEN. In exchange for citizenship, he had explicitly sworn an oath/affirmed that he had renounced allegiance to all foreign states.

      When he decided to aid the Taliban, did he bother to publically declare that he had changed his allegiance? No!

      If he had been born a US citizen, I'd cut him some slack and merely imprison him for the duration of hostilities. As a naturalized citizen, he deserves either deportation or more jail time for lying during the naturization process.

  4. Treasonous criminal or not... by Shenkerian · · Score: 4, Insightful

    Whatever else people will say about this guy, he did not get what he deserved. Everything after and including his arrest was fair and deserved, but the five weeks of being held as a material witness were complete bullshit. The officials abused the statute to hold him indefinitely and complete their case research. If it hadn't received the media attention it did, they probably would have held him longer before finally arresting him.

    --
    You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    1. Re:Treasonous criminal or not... by Jason+Earl · · Score: 3, Insightful

      Exactly. Just because this guy really was a terrorist doesn't mean that the Feds will have fingered the right guy when the come to get you. If the Federales can't bust a criminal without giving them the benefit of due process then I would rather have that criminal out on the street. I would rather have seen Mike walk than to have the government hold him for several weeks without arresting him. Due process is part of what makes the U.S. a good place to live.

      That being the case, this will probably work out in Mike's favor as it gave him the opportunity to be a "witness" instead of a suspect. Seven years in prison is a pretty lenient sentence for conspiring with terrorists.

    2. Re:Treasonous criminal or not... by elmegil · · Score: 3, Informative

      See, he didn't even make contact with the Taliban, and there's no indication that he was interested in killing civilians--he wanted to aid them in the field against the military. So explain again what threat he was posing in those 5 weeks?

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    3. Re:Treasonous criminal or not... by Jason+Earl · · Score: 2, Interesting

      Semantics. American citizens going out of their way to aid foreign terrorists are terrorists. I am all for due process, but I am also all for stringing up everyone involved with terrorists.

      The fact that the Feds are willing to plea bargain with Mike means that he at least was involved enough with terrorists to implicate them in crimes. That's more than close enough to make him guilty in my book. Once again, the fact that he was dragged in as a "witness" almost certainly helped him get his plea bargain. If the Feds had waited until they had a case on Mr. Hawash then it is very likely that he would have received a far worse sentence than 7 years.

      Mike should not have been taken into custody and held without being arrested, but the fact that he was guilty made it so that the situation worked in his favor. However, I don't want laws that allow Feds to be lenient with "witnesses." I want laws that protect the innocent, and this is a bad law.

    4. Re:Treasonous criminal or not... by KrispyKringle · · Score: 5, Insightful
      Are you aware of the term "habeus corpus?"

      People often say, "Yeah, but he was a terrorist! He has no rights! I have no sympathy. Do you really want this guy to go to trial and risk him being set free?"

      Yes. He does have rights. As an American citizen, he is innocent until proven guilty beyond the shadow of a doubt. He is an alleged terrorist. Quite a difference. And if you really think tearing to shreds the fundamental basis of our freedoms does a whole lot to protect them, you are very sadly wrong.

      If the terrorists really want to destroy our way of life, all they have to do, at this point, is sit back and hope the Bush administration gets re-elected. Ashcroft's disdain for the rule of law--his disdain even for court orders he doesn't feel like complying with--shows him to be worse than just a silly ideologue. He has no conception of justice, no respect for the ideals he claims to be defending, and is more of a threat to our American way of life than any terrorist.

  5. Wonder how much his 'defense fund' received by A+Commentor · · Score: 2, Interesting

    On his Free Mike Hawash site, they still have paypal donations links, and statements about his 'innocence'. I wonder how much money they racked it.

    --

    Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

    1. Re:Wonder how much his 'defense fund' received by EinarH · · Score: 2, Funny
      I don't know what you are insinuating, but yeah, they are probablly all in it only for his money.
      Their whole life they planned this. All his friend thought this out; convincing Mike to support and fight for Taliban. Taking uni degrees and getting jobs in the communiyty close to him, lurking around him for the whole purpose of becoming his friends etc.

      But it was all a giant scam; through the support side and the extremly lucerative Paypal system they planned to "rack in" money. Doing this they planned and still hope to one day take over the whole world, still "racking in" money through the Paypal system, and one day achive Total World Domination(TM).

      --

      Melius mori in libertate quam vivere in servitute.

  6. That is some damning testimony by UnderScan · · Score: 5, Informative

    From the news bit:
    "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?" U.S. District Judge Robert E. Jones asked Hawash during the hearing.

    "Yes, your honor," Hawash replied.

    I had really hoped that the US Gov was wrong for nabbing a US citizen. I had hoped that there would be a suite against the gov for violating civil rights.
    But Damn!
    This doesn't look good.

    1. Re:That is some damning testimony by elmegil · · Score: 4, Interesting
      They still wrongfully abducted him. Sure it's "legal", but then so was wife beating for a long time.

      As for his guilt, there is always the possibility that he took the most certain way out rather than gambling his innocence against 20 years in prison. Given the witch hunt atmosphere, he could rightly believe that even though innocent he couldn't prove it.

      Oh, by the way, why didn't they abduct the other 6 people and hold them without charge for 5 weeks to forver too?

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    2. Re:That is some damning testimony by ameoba · · Score: 4, Insightful

      It doesn't really matter; Ernesto Miranda, of "Miranda Rights" fame, kidnapped a girl and raped her. Even though he was later re-tried and convicted, the Supreme Court decision set a legal precident.

      While a convicted felon loses some of their rights, until the point of their conviction they've got all of their rights and should still be treated as such until a conviction is reached. Innocence or guilt are irrelevant when it comes to imporoper imprisonment.

      --
      my sig's at the bottom of the page.
    3. Re:That is some damning testimony by cthugha · · Score: 4, Interesting

      This is an important point to remember, and one that is well illustrated by a little history.

      In 1930s Stalinist Russia, hundreds of political prisoners were convicted of treason and either executed or carted off to the gulag. What is remarkable about these cases is not the fact that they happened, but the fact that the trials and subsequent convictions appeared to be conducted in accordance with proper forms and procedures. The accused would be afforded access to legal representation, but would then proceed to get up, in open court, and swear on their mother's grave that they were guilty of the most heinous treason when all they had possibly done was express the mildest dissent, often privately, or ended up in the wrong political faction. The Soviet regime was then able to deflect criticism of the suppression of dissent by simply pointing to the apparent fairness of their trial process, often with the assistance of Western apologists such as English QC D. N. Pritt.

      The trick, of course, was worked before trial, during a period of a number of weeks (usually) when the accused was held incommunicado and subjected to severe psychological pressure and physical mistreatment (such as food and sleep deprivation, interspersed on occasion with outright physical torture) designed essentially to brainwash the unfortunate suspect into confessing. If necessary, threats were made against the suspect's family to induce a confession. This process was referred to by its architect, Soviet prosecutor Andrei Vyshinsky, as "the conveyor", and it is the twentieth century's greatest testament to the need for access to criminal suspects at all stages of the judicial process, from arrest to conviction.

      Until verifiable physical evidence of what Hawash is alleged to have done is produced, this confession convinces me of nothing other than that John Ashcroft, the man who ultimately bears responsibility for Hawash's treatment and prosecution, is just a latter-day Vyshinsky and a disgrace to his profession.

    4. Re:That is some damning testimony by Moofie · · Score: 2, Insightful

      I, for one, do not hope that the current anti-terrorist doctrine works. More to the point, I believe that it can not. It is not possible to protect a free society from the depradations of true believers willing to kill themselves to make a point.

      It is better to live in a free society, and risk death by a terrorist attack, than to live in a "safe" police state.

      --
      Why yes, I AM a rocket scientist!
  7. Re:Remember when.. by Omnifarious · · Score: 5, Insightful

    They still were. Them happening to be right about him being a criminal doesn't excuse it. If you have all kinds of secrets from the people who are supposed to ostensibly be your boss (We, the people, remember?) you have to expect them to get really cranky and upset with you. The FBI had no business being so secretive about it all.

  8. Re:Remember when.. by ramk13 · · Score: 4, Insightful

    Remember when 'innocent until proven guilty' meant something?

    I'm sure you'll change your tone if the government decides to 'own' you.

  9. Re:Remember when.. by rot26 · · Score: 3, Informative

    yeah but... it's fairly common for innocent people to plead guilty to lesser charges if they and their lawyers are convinced that they're likely to be convicted of something significantly more serious if it goes to trial. (One was a drinking buddy of mine.)

    I'm not saying that this is the case here (in fact, it doesn't look like it at all) but it does happen, and I think it's one of the larger flaws in our justice system.

    --



    To ensure perfect aim, shoot first and call whatever you hit the target
  10. Re:Funny. by Omnifarious · · Score: 2, Insightful

    That IS funny, isn't it? But, Fox News couldn't possibly be being influenced by large corporations or politicians. They're a fair and balanced news source, they say so themselves!

  11. All this comes courtesy of.. by MrPerfekt · · Score: 2, Interesting

    FoxNews! The most factually solid news organization ever... anyway, I'm inclined to believe he was bullied into this plea deal.

    "Just say you're guilty and we'll be easier on you"

    Of course, I don't have any proof of this. But I just get that feeling. There is absolutely _NO_ reason to hold a person without charging them for five weeks. That's absurd. But then again, drumming up some charges does take a while.

    --
    I just wasted your mod points! HA!
    1. Re:All this comes courtesy of.. by heli0 · · Score: 2, Informative

      "All this comes courtesy of.. FoxNews! The most factually solid news organization ever..."

      It is actually an AP story. If you go to GoogleNews you will find the same story reprinted verbatim at hundreds of sites.

      "I'm inclined to believe he was bullied into this plea deal."

      That is what happens with most criminal defendants. He faced a maximum of 20 years. By agreeing to plead guilty they dropped a few of the charges and the sentence was reduced to 7 years. Not much different then what you would find in most cases.

      --
      Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
  12. Re:Remember when.. by Anonymous Coward · · Score: 3, Insightful

    Silly me. Of couse the end justifies the means.

  13. You know what's sad about this? by Faizdog · · Score: 5, Insightful

    Soo many people had rallied around him because of the problems minorities (especially Muslim ones) face in today's conditions. Unfortunately because he has pleaded guilty, next time people will just assume the person is guilty, and they won't rally around the new person, even though he/she may be innocent.

    Mark my words, there will be innocents who get caught up, and due to cases like this people will be reluctant to support them. Sad.

    --
    -"Those who fought today will die tommorow."-
    1. Re:You know what's sad about this? by Fastball · · Score: 2, Insightful
      What the? The Feds arrested a guy for something incriminating. He admitted to it in a court of law. Guilty. Over.

      Why does this mean innocents are going to go down? Jesus, can the Slashdot crowd get any more clueless? You people, which I somehow am one of, can't accept the fact that law enforcement has a purpose especially when it involves a "geek." Wake up and smell the latte, folks. The bad guys, and I'm not talking about the blackhats, aren't going to wear armbands and shirts with epaulets and stand opposed from the other side of the battlefield waving their banner (Windows logo superimposed over AK-47s).

      I get the impression that the "geek" crowd would be a perfect place for a terrorist to lay low. Don't need a social life. Access to technology. Co-workers and comrades whose principles (or lack thereof) dismiss responsibility and reality. Simply perfect.

    2. Re:You know what's sad about this? by Xerithane · · Score: 2, Interesting

      Why does this mean innocents are going to go down? Jesus, can the Slashdot crowd get any more clueless? You people, which I somehow am one of, can't accept the fact that law enforcement has a purpose especially when it involves a "geek."

      In all the stories, I posted that this guy was probably guilty. As in, I would be surprised shitless if he wasn't guilty. I live in Portland, and it caused a stir. Nothing major, not like the news reports about people rallying.

      So, he's guilty. People still bitch about it being wrong even though the US uses this process all the time, and has used it for a very long time. Material witness, guys, who is guilty.

      And I got modded down, and flames because I said this guy was probably guilty. Well, tough shit. To all the conspiracy theorists who think he was brainwashed or forced to testify, eat a dick.

      I get the impression that the "geek" crowd would be a perfect place for a terrorist to lay low. Don't need a social life. Access to technology. Co-workers and comrades whose principles (or lack thereof) dismiss responsibility and reality. Simply perfect.

      And rally against the man if you ever get imprisoned, without looking at the facts.

      --
      Dacels Jewelers can't be trusted.
    3. Re:You know what's sad about this? by JimRay · · Score: 2, Insightful

      Congratulations, you seem to be blessed with the same black and white "moral clarity" that graces our President.

      The Feds arrested a guy for something incriminating.

      Well, not exactly. The Feds arrested him on suspicion of something incriminating, then proceeded to hold him, without legal counsel, whithout charging him with a crime, for as long as they damn well pleased. Then, they offered him a choice: we can keep holding you like this (i.e. you disappear into oblivion) or take a plea bargain. Yeah, that's a tough call.

      Here's some light reading on the lengths that Ashcroft and Bush are going to to keep their perpetual war.

      You people, which I somehow am one of, can't accept the fact that law enforcement has a purpose especially when it involves a "geek."

      Well, that's certainly a possibility, but it's just as likely that the geeks you seem to cavort with, yet hold such disdain for, are increasingly fearful of a government that persecutes marginalized segments of the population. As long as you're white, middle class, enjoying your missionary position sex 3.4 times a week, don't worry, we know what's best for you. It's those crazy freaks and weirdos you gotta watch out for!

      I say fuck the status quo and fuck anybody that's hellbent on seeing it perpetuated at any cost.

      The bad guys, and I'm not talking about the blackhats, aren't going to wear armbands and shirts with epaulets and stand opposed from the other side of the battlefield waving their banner (Windows logo superimposed over AK-47s).

      Brilliant logic there. So, we should just assume everyone is guilty? Or maybe just everyone that isn't white? Or how about all the non-Christians (well, except for Eric Rudolph, Christian terrorist du jour)?

      I get the impression that the "geek" crowd would be a perfect place for a terrorist to lay low. Don't need a social life. Access to technology. Co-workers and comrades whose principles (or lack thereof) dismiss responsibility and reality. Simply perfect.

      I don't know, that description seems to be pretty apropos to the myriad CEO's that seem bent on wrecking the U.S. economy so that they can fatten their own wallets. You know, like Mr. Bush's buddy Ken Lay.

      --
      My other computer is your Windows box
  14. Re:Funny. by Anonymous Coward · · Score: 2, Informative

    But they did mention that he worked for intel. Quoted from FoxNews.com Article: "In March, federal agents seized Hawash, 38, from a parking lot outside Intel Corp., where he worked, ..." (Re: "...Fox News fails to mention that he worked for Intel", hackwrench)

  15. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  16. Re:Remember when.. by shivianzealot · · Score: 4, Insightful

    Remember when the Feds snatching this guy from Intel was a big deal here at /.? When we all thought that the FBI was overstepping their bounds? When we all thought that they were wrong; that an Intel engineer couldn't possibly be guilty?

    ...owned.

    You're not a lawyer, and niether am I, but I think it should be noted that in the US _justice_ system, regardless of innocence or guilt, a plea bargain is often going to be tempting in proportion to how likely you are to win a case (your legal re$ources vs. theirs). Really, as I recall (I have not RTFA, of course!) he was otherwise facing something like ten times this to life. What would you do, even if innocent?

    --

    Bored with karma, be a fan/freak

  17. Remember kids... by AvantLegion · · Score: 4, Funny
    ... Intel supports terrorism. Buy AMD.

  18. Re:Talaban != Government? by kfg · · Score: 2, Informative

    That is correct. The Taliban != Government.

    They were only recognized as such by three countries out of the whole wide world. It wouldn't take many guesses to get all three.

    The Taliban was a revolutionary force seeking to oust the legitimate governement recognized by the rest of the world. They held no aspects of government control but operated territory under their sway ( which never even amounted to a clear majority of territory) under pure martial law. They had no civil police. No civil law for such civil police to enforce.

    When outside military forces entered Afghanistan they did so in support of the recognized legitimate government which still held the northern portion of the country and said government's military forces bore the brunt of the fighting.

    KFG

  19. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  20. Re:Remember when.. by elmegil · · Score: 5, Insightful
    Exactly. It is not reasonable to hold people for weeks without charge, regardless. I think it's also interesting to note that a plea bargain may be what it says it is, or it may constitute a coerced admission (coerced by the alternative of losing even if you're right, and spending 20+ years instead of 7 in jail). Beyond all that, this guy utterly failed to actually provide any aid to the Taliban, and it seems unlikely that he'd undertake any "true" terrorism (I think there's some significant difference between attempting to be a mercenary for your cause in a battlefield and bringing the battlefield to civilians after all).

    All that said, there's nothing for it but to accept the plea as presented until such a time as Mike recants it. And if he'd been successful, and caught on the field of battle, he would deserve having a book thrown at him as much as John Walker Lindh. But having failed at that, I think it's outrageous that he was facing the same or greater sentence than Lindh himself (20 years).

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  21. Re:Remember when.. by Safety+State · · Score: 5, Insightful

    Actually, the complaint was (and remains) that due process was not followed. Why should this matter? Because someone who is locked up, with no prospect for release and a possibility of deportation to a third-world nation for third-party torture, is much more likely to confess to crimes of which he/she is innocent.

    And it does happen. People confess to crimes they didn't commit, often because the risk of being executed otherwise is too great. In return for a confession to lesser crimes than in the original accusation, government prosecutors will seek a less harsh sentence.

    Due process exists for other reasons as well; if we go around imprisoning people for years before trial, you're right, there is no excessive penalty for those eventually sentenced to more time than served waiting for a trial. But all of the others who are eventually found innocent will have served time for no reason but your willingness to ignore their plight.

  22. The others by heli0 · · Score: 2, Interesting

    The other 5 that have been charged so far have all plead not-guilty. How many of them will change their plea now that Hawash has agreed to testify against them?

    --
    Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
  23. Re:Talaban != Government? by elmegil · · Score: 5, Informative
    Could someone explain why people are comparing the Talaban to Al Queda?

    Because the Talaban sheltered Al Quaeda, provided them land to build training camps, and refused to give up their leadership even after the attacks of 9/11?

    I think that their direct support of Bin Laden makes a clear case that they are culpable for terrorism. And I don't even agree with the war on Iraq or any of the dozens of stupid things the Feds have done in the name of defending us from terrorism.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  24. Re:Remember when.. by NFNNMIDATA · · Score: 2, Informative

    I agree, the whole plea bargain thing should be done away with. Either they have the goods on you or they don't, and you should either take the rap or not. Plea bargaining may save the system resources but it also creates a huge hole in the system for (a) innocents to fall into, and (b) actual criminals to slip through to lighter sentences. And of course, once you plea you are forever guilty - innocent people don't cop, as they say. The whole thing stinks.

  25. Re:The Taliban is NOT Al Qaeda, thats the whole po by cheezedawg · · Score: 5, Informative

    The Taliban was a legit government

    Woah, hang on there. The only country that recognized the Taliban as the government of Afghanistan was Pakistan. Nobody else in the world thought they were a "legit" government, and they didn't even represent Afghanistan in the United Nations.

    And they had a hell of a lot to do with Al Qaeda. They provided logistical support and gave aid to Al Qaeda, and they did so knowing that he was carrying out terrorist activities (here is the US's stance on the Taliban). Nobody really disputes this. Some people have even speculated that Bin Laden requested Mullah Omar's approval before any terrorist act.

    --
    "The defense of freedom requires the advance of freedom" - George W Bush
  26. Re:Furthermore... by YU+Nicks+NE+Way · · Score: 5, Informative

    Actually, you are right. You wouldn't have been a terrorist. You'd have been a covert agent of an enemy power -- a spy. You would not have been held as a POW; you would have been held as an irregular combatant. Guess what? The Geneva conventions don't protect irregular combatants. Combatant nations are not legally bound to return irregular combatants to their countries of origin when conflict ends.

    If you weren't shot out of hand, you'd have spent the rest of your life in a French jail, along with the other collaborators.

  27. Re:Talaban != Government? by jonathanbearak · · Score: 2, Insightful

    "I have just been wondering, those guys don't care about the US, the just want to make sure they don't alow their kids to eat pork or their wives to be seen in public, (that does not make them terrorists. Wacky, yes, terrorists, no)."

    As I recall, the Taliban stoned women to death for adultery, flogged both sexes for (what they considered to be) immodest dress, and toppled walls then bulldozed over homosexuals.

    I don't think "wacky" appropriately describes them.

  28. Re:And he's a bad guy WHY??? by Jack+Comics · · Score: 2, Insightful

    He's a bad guy because, even though he is a citizen of the United States, he admitted in court that he and his friends are and were willing to take up arms against the U.S. and its civilians.

    But damn the U.S. for trying to protect its citizens from those willing and able to murder them! Damn the U.S. for protecting its national interests.

    --
    "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
  29. Re:Remember when.. by AvitarX · · Score: 2, Interesting

    I would at least plea no contest and not guilty.

    I would also not state in questioning I was willing to take up marterdom<SP> to aid the Taliban.

    I would also not have any information to help them catch a coconspiritor<sp>

    The FBI may have overstepped its bounds, but this guy is guilty.

    If the FBI did overstep its bounds people should lose lose their jobs, but the guy is guilty.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  30. Why do most assume he is guilty? by Frodrick · · Score: 4, Insightful
    After having weasel DOJ lawyers wave "possible life inprisonment" and "possible execution" in his face every day for the past 4 months - possibly even threatening to deport his family - of course he pleaded guilty to a 7 year sentence. They probably threatened to delay the trial that long and just leave him in jail - or send him to concentration camp X-Ray.

    I, for one, don't know if he is guilty or innocent, but I sure-as-hell am not going to believe a plea bargain arragement. Most of you predicted that the Patriot Act would be used in exactly that way - to force plea agreements.

    As far as I am concerned, the government's case remains unproven.

    1. Re:Why do most assume he is guilty? by corbettw · · Score: 2, Interesting

      We assume he's guilty because he pled guilty (I know, we're a bunch of loons, what are ya gonna do?).

      If you've got evidence of prosecutorial misconduct, please, share with the rest of the class. Otherwise, shut your damn pie hole, already.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re: Why do most assume he is guilty? by Black+Parrot · · Score: 2, Insightful


      > This guy plead GUILTY to the charges against him - not lesser charges - not pleading out of fear. He made a full admission of guilt, and as part of such he would have had to allocute to his crimes in court. That is, tell in his own words, what he did. Noone forced his hand, noone pulled his strings and put words in his mouth.

      And you know this because...?

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Why do most assume he is guilty? by TPFH · · Score: 4, Insightful
      This guy plead GUILTY to the charges against him - not lesser charges - not pleading out of fear. He made a full admission of guilt, and as part of such he would have had to allocute to his crimes in court. That is, tell in his own words, what he did. Noone forced his hand, noone pulled his strings and put words in his mouth.


      Yes and no.
      He plead guilty to One of the charges against him. One of the lesser of the charges against him.

      Personally, I am a bit skeptical about the whole thing, owing a lot to the violation of Habeas Corpus, and the current political situation. From what I understand there are still thousands of people being held as "material witnesses" without charges being filed. I think the main reason they bothered to file charges against Hawash is that he had a bunch of friends who made a big fuss.

      So what "Conspiracy Theory" am I proposing? That he was somehow threatened and told to plead guilty. Why? Because the "gubment", err the politicians are afraid of looking foolish nowadays and they need to convict someone, and a No Contest plea wouldn't cut it for the political side of things. I think part of plea barganing is that he had to plea Guilty and not just No Contest.

      OK, I have the 11pm news on and they just quoted someone (I think Ashcroft) saying they hope this guilty plea will restrain critisism of the FBI. (Or something to that effect.)

      Anyway, hypothetically let's assume that he really is guilty. If he was really a Political Islamist Terrorist he would be prepaired to die or to spend the rest of his life in jail for his beliefs. Therefore if he really is a terrorist then he is unlikely to cooperate in any way, let alone testify against his "fellow conspirators."

      He just doesn't seem to fit the profile. He has a family and a good job at Intel. He had a happy life and a lot to loose.

      Another thing that's bugged me about the "Portland Six/Seven" conspiracy theory is this: Supposedly their plan was to fly/travel all the way to Afganistan to fight American troops. Now, considering that they were already in the USA, wouldn't it have been a lot simpler to attack Americans in America if that was really their goal? or that they would travel to one of the most remote (and particularly hard to get to at the time) regions in the entire world.

      Until I see/hear real evidence I will remain skeptical of the "gubment" thank you very much.
      --
      This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
  31. Conspiracy? by FsG · · Score: 2, Informative

    The whole thing reeks of a gov't conspiracy. At least, his friends and coworkers seem to think so.

    --
    I made a PHP/MySQL library that prevents SQL injection & makes coding easier!
  32. Re:The Taliban is NOT Al Qaeda, thats the whole po by Black+Parrot · · Score: 2, Interesting


    > Why, then, didn't they give up bin Laden when we asked?

    Because we didn't show them the evidence against him, just as we would have demanded of them if they wanted us to hand over one of our citizens.

    OK, that was probably just an excuse on their part, but there's no reason we couldn't have observed the norms.

    --
    Sheesh, evil *and* a jerk. -- Jade
  33. Re:Talaban != Government? by PeteyG · · Score: 4, Insightful

    After 9/11/01 the US asked the government of Afghanistan if they had him, they replied that he was under their control and that they would turn him over, if the US was willing to provide proof that he had done something wrong.

    Get your dick out of your ass. The Taliban were just bullshitting us. There was plenty of proof for extradition, and everyone knew it.

    bin Laden was known by everyone to be the head of the terrorist organization that was dedicated to killing as many Americans as possible. They took responsibility for bombing the USS Cole, the two African embassies, and many other terrorist acts.

    On Sept 11, I and quite a few other people around the world, when we thought about who to blame, thought first of Osama bin Laden.

    Why? Because everyone in the fucking world knew he was the head of an evil international well-funded terrorist organization dedicated to killing Americans! (and based out of Afghanistan)

    ps. mod parent down as flamebait. I can't believe I got sucked in.

    --
    no thanks
  34. Re:Remember when.. by dbarclay10 · · Score: 3, Insightful
    Remember when the Feds snatching this guy from Intel was a big deal here at /.? When we all thought that the FBI was overstepping their bounds? When we all thought that they were wrong; that an Intel engineer couldn't possibly be guilty?

    The problem now is that we'll never know whether he's actually guilty, or whether he was forced into the plea. You can hope that he was, indeed, guilty, and that the FBI was quite right in bending the Constitution to keep him around until he finally admitted it. Or you can say that it's never right to break a person's rights in order to get them to admit their guilt, regardless of whether you *know* they're guilty (even if you couldn't prove it in court) or not.

    The problem with the former approach (hoping that he's guilty and accepting the methods involved in attaining the admission of guilt) is that the constitution wasn't just some fancy of some guy. It was the result of millenia of people being raped, tortured, and murdered. In many cases, that rape, torture, and murder was designed to elicit confessions (from those who weren't the ones being killed, obviously :). Relatively speaking, this particular stab at Rights (note the capitalisation there) has thus far been very short-lived. A few centuries, barely that. If it slides into the same environment that was prelevant for thousands of years previously, it wouldn't be surprising (statistically speaking).

    --

    Barclay family motto:
    Aut agere aut mori.
    (Either action or death.)
  35. Geek Talibani by notetoi · · Score: 2, Interesting

    "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?" U.S. District Judge Robert E. Jones asked Hawash during the hearing."

    I think these guys are not as primitive as the propaganda machine makes them out to be. They do hide in caves but at the same time they also use the latest US consumer-grade gadgets, and maybe some military-grade gadgets (by way of France... just kidding), including encryption (thank you Pres. Clinton) which requires at least a couple of days to be decrypted*. I would think not all Talibani would just take up arms. Some white collar/geek Talibanis would resort to intellectual terrorism. This would make a perfect 007 movie plot. *If my memory stand correct, that was the number of days after 9/11 when some of the intercepted communications were decrypted.

  36. Re:Remember when.. by Anonymous Coward · · Score: 2, Interesting

    Hey, hey. Ho, ho. TedCheshireAcad is not knowledgeable about the U.S. justice system. But even in this case, he should be. Remember when we all thought the RIAA was overstepping its bound when it sued the 3 college kids for billions in damages? Remember when all 3 settled for between $12,000-18,000. Remember when one of the kids later was _proven_ to have not in fact violated any copyright -- as he was being sued for having coded a searching service for his University's campus, much like Google. In short, plea agreements do not guilt establish. Especially when the the plea agreement stand in sharp contrast to the potential penalties and costs of going to trial.

    The United States court systems treatment of the Guantanamo Bay prisoners is proof that when the U.S. government shouts terrorism, you better cop a plea. 'Cause justice ain't forthcoming.

    If none of this is convincing, read the affadavit which is the basis of the indictment against Michael. Then read it again. Then tell us the United States government had anything but a smoke and mirrors case against Michael Hawash. (Fox News' reporting isn't even close to accurate.)

  37. Re:Remember when.. by buck_wild · · Score: 2, Insightful

    If he really didn't commit the crime(s) then how can he offer up information via his buddies?

    --
    If all you have is a hammer, everything looks like a nail.
  38. CIA helped Taliban by MoreDruid · · Score: 2, Insightful
    According to this article, the CIA helped the Taliban. So does that mean that the FBI will be after the CIA? After all, the CIA helped the Taliban to create an "establishment" in the Afghanistan region.

    Bah... I'm putting on my tinfoil hat again... and I don't even live in the US ;-)

    --
    The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
  39. You've got Twisted History... by mrbrown1602 · · Score: 4, Interesting

    Actually, if you know your history, it wasn't the Taliban that emerged out of the CIA-backed resistance. Afghanistan stood on its own for a few years after the Soviets were expelled... but a civil war broke out in 1990, I believe. The Taliban didn't emerge until 1995!!

  40. Re:Funny. by pkling · · Score: 5, Insightful

    According to the article: "In March, federal agents seized Hawash, 38, from a parking lot outside Intel Corp., where he worked, and simultaneously searched his home."

    Note Intel Corp., where he worked.

    Get your facts right. They report you discredit with FUD

  41. The FBI --DID-- overstep their bounds by SuperBanana · · Score: 5, Insightful
    Remember when the Feds snatching this guy from Intel was a big deal here at /.? When we all thought that the FBI was overstepping their bounds? When we all thought that they were wrong; that an Intel engineer couldn't possibly be guilty?

    They still DID overstep their bounds. We have some laws in this country which provide protection to citizens from potential abuse of power by law enforcement. Such as locking someone up for weeks without pressing charges, denying them access to a lawyer, etc. There's also unreasonable punishment- I'd say spiriting someone off and denying you've done so to their family etc certainly qualifies.

    Police are required to file charges within a certain, rather short period of time(24 hours? I forget), or let you go- one or the other. You can't just lock someone up, and THEN go looking for evidence of a crime; you have to FIRST find the evidence, THEN arrest them and THEN charge them with a crime.

    I don't care if he was guilty- their actions are improper, unjust, and remind me more of, say, dictatorships and communist governments than the country that supposedly leads the "free world". Inefficiency in law enforcement is the price we pay for our freedom, rights, and protections. When we throw any of the three out the window, what's left to protect? One only need to look as far as 1980's eastern germany to see what road we are headed towards.

    1. Re:The FBI --DID-- overstep their bounds by Fastball · · Score: 2, Insightful

      I was going to mod you down, but decided to respond instead. We are not headed towards 1980's East Germany. Please, people, don't make overreaching statements like this. I agree that _sometimes_ law enforcement agencies break the rules. But that doesn't mean our women's swim team will also contend for Mr. Olympia next year.

    2. Re:The FBI --DID-- overstep their bounds by Anonymous Coward · · Score: 3, Interesting

      Absolutely dead on. That is what is so chilling about this case to me personally. I'm ex-Intel, and while I don't know Hawash, I have several Intel friends that know him very well -- or at least think they do. That's a little to close for me to be unemotional about the situation. Anyway, Hawash did not get due process. Would I get due process? Would I get due process because I have pink skin and blue eyes and my mommy said a rosary every day? That's not the way it is supposed to work in the US of A. Hawash is a citizen. He should get due process, guilty or no. I voted GHWB and GWB and will vote Dubya again -- but this ain't right.

  42. Re:Bring back the firing squad by SifuDave54 · · Score: 2, Insightful

    "if I were a dictator" right there you're saying you wouldn't be on the front lines defending that freedom you would so aggresively send others. If I were dictator this fucking asshole would be filled full of lead until there was nothing left of his body If you were dictator I wouldn't be surprised if you weren't assasinated and overthrown for being such a stupid jackass. Sorry.

  43. Re:Talaban != Government? by Sanity · · Score: 3, Insightful
    I think that their direct support of Bin Laden makes a clear case that they are culpable for terrorism
    Yeah, those that trained Bin Laden should indeed be punished. Oh wait, that would be the CIA - I guess the world isn't black and white after all.
  44. Re:Talaban != Government? by natmsincome.com · · Score: 2, Informative

    You mean like America did exactly the same thing for Bin Laden when Russia was in Afghanistan or have you forgot that already?

    They were commiting doing the same things then but to Russia but no that doesn't count does it?

    If another country was funding our freedom fighters while we were boing occupied and then after we got freedom turned around and tried to take our freedom from us so that our freedom fighters attcked them I wouldn't turn around and hand them in?!?!?!?

    America funded Bin Laden to get rid of Russia (Imagine of they got control of the middle east with all that oil!) and made promises they didn't plan on keeping. Russia leaves and America goes back on it word. You have a large well funded group of people that have been stabed in the back and people got supprised when the reacted?!?!?

    I know what they did was wrong but try and imagine what you'd do if you were in that possition.

  45. No... No... No... by powerlord · · Score: 4, Interesting

    Remember ...

    dark middle-eastern looking men are Terrorists ... they hurt our economy by destroying resources, spreading fear, and general mayhem.

    white balding men are Embezzalers and Stock Manipulators (for instance a certain umbrella organization or "canopy" group we can all think of), they hurt the economy by destroying competitors resources (money, clients, possible engagements/sales), spreading fear and ...

    hmmm ... maybe you have a point :)

    --
    This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    1. Re: No... No... No... by Black+Parrot · · Score: 2, Funny


      > Remember ... dark middle-eastern looking men are Terrorists ... they hurt our economy by destroying resources, spreading fear, and general mayhem.

      > white balding men are Embezzalers and Stock Manipulators (for instance a certain umbrella organization or "canopy" group we can all think of), they hurt the economy by destroying competitors resources (money, clients, possible engagements/sales), spreading fear and ... hmmm ... maybe you have a point :)

      Yeah, but the embezzelers and stock manipulators are just sucking money out of the pockets of the middle class, back "up" into the pockets of the class that was meant to have money.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:No... No... No... by enomar · · Score: 3, Funny

      I'll take someone embezzling my money and manipulating my stock over someone killing me any day.

      --

      :wq
    3. Re:No... No... No... by powerlord · · Score: 2, Informative

      Absolutely true.

      My comment was mostly in fun, agreeing with the initial poster that "profiling" certainly exists (and as much as I hate to admit it, it also one of the most basic forms of "looking for a suspicious character"). The danger comes when it is used independantly of other tools like ... say ... "evidence".

      Of course the other part was a bit of pandering (i admit), that all of the "white-collar" crime that is being hyped in the media (Enron & Anderson for instance) is hurting the U.S. economy in ongoing ways that are being ignored.

      We both agree that someone killing you is bad, usually its called murder.
      If someone is stealing my money to make themselves rich, its usuall called Theft (or in the case of some of these CEO's I might say Assault). While certainly not in the same class, they both sound like crimes to me.

      (and as an FYI I live in New York and was working just a few blocks away from the WTC. Perhaps I just tend to have a much blacker sense of humor than I should. Hope I didn't offend.)

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
  46. Re:Remember when.. by Safety+State · · Score: 2, Insightful

    That sentence referred to a hypothetical "someone" in an explanation of why due process is important. Deportation isn't really a factor for American citizens (though it could well become one with camps like Guantanamo Bay and the Justice Department's "enemy combatant" categorization). Being held without a lawyer, in a hidden location, without any charges against you -- essentially being "disappeared" -- is a factor even for American citizens. If you're a non-citizen, that's when the deportation-and-torture scenario becomes a possibility. Does that make it alright with you?

  47. you still don't know he isn't innocent by Sanity · · Score: 5, Interesting

    With the threats they probably used against him he would probably have said that black was white if they wanted him to. The list of those that agree to pleas but later are proven innocent is longer than most people might imagine. Consider being given the choice of pleading guilty and serving 5 years, or fighting it out in what must at this point appear to him as a frighteningly hostile environment, and serving 20 - what would you do, guilty or not?

  48. Re:Talaban != Government? by Lord+Kano · · Score: 2, Insightful

    The Taliban were just bullshitting us. There was plenty of proof for extradition, and everyone knew it.

    And you know this because of what? Woman's intuition? Our government didn't even take the time to find out if the Afghans would keep their word. They just bombed them.

    bin Laden was known by everyone to be the head of the terrorist organization that was dedicated to killing as many Americans as possible. They took responsibility for bombing the USS Cole, the two African embassies, and many other terrorist acts.

    Every time a bomb goes off, many groups claim responsibility. That doesn't constitute proof.

    On Sept 11, I and quite a few other people around the world, when we thought about who to blame, thought first of Osama bin Laden.

    Your thoughts are not proof.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  49. Re:I have never by evn · · Score: 3, Insightful

    Given sufficient motivation innocent people DO plead guilty - it wasn't too long ago in soviet russia (no, I'm not making that tired joke) that Stalin killed millions - many of which were upstanding members of the community who confessed to crimes that never occurred. Look at just about any dictatorship and you'll find evidence of innocent people pleading guilty to criminal acts in order to avoid or end terrible punishments.

    I'm not saying that America is a tyrannical dictatorship - I'll leave that as an exercise for the reader - but the statements you made about a government unquestionably having MY best interests in mind fly in the face of dozens of years of history: sometimes they do not. Vigilance and over our governments is what keeps them from degenerating to the depths of those decrepit examples of our past.

    Aren't there some billy goats at the ol' bridge you should be bothering?

  50. Weird by autopr0n · · Score: 5, Informative

    He obviously hasn't been shaving or something since he's been in jail. He hasn't always looked like that.

    --
    autopr0n is like, down and stuff.
  51. Re:I have never by NapalmGod · · Score: 2, Informative
    Actually, they may plead guilty.

    According to this article, in the prosecution of the "Buffalo Six", they plead guilty mainly because the government was threatening to declare them "Enemy Combatants". In such a case, they could be held without trial indefinitely in solitary confinement, or face a military tribunal and possible execution.

    Or you can do 7 years (less, with good behavior) knowing you are innocent. What would you do?

  52. Re:Furthermore... by EinarH · · Score: 2, Informative
    Guess what? The Geneva conventions don't protect irregular combatants. Combatant nations are not legally bound to return irregular combatants to their countries of origin when conflict ends.
    Wrong.

    First; there is under international law in this area (the Geneeva Convention, which USA signed and ratified) any category as "irregular combatants" or the often used "unlawful combatant". Classifying a person as such a thing is actually in itself a violation of the Geneva Convention.
    However there are categorys , such as mercenaries, who are not accorded the full protection of the Third Geneva Convention. But, and here comes the crucial part: If there is any doubt whether someone is a POW, an independent court must decide their status.

    In this case I'm not shure wheter he is in any way "covered" by the Geneva Convention as the article is not very extensive on information.
    But the US government don't have a very good track record when it comes to following the GC.
    For example in the Guantanamo Bay case, since the status of the prisoners is unclear (POW or not POW) the case should have been decided by an independant court such as a court in Switzerland, Sweden or any other national court in a country that is not a part in the conflict.

    --

    Melius mori in libertate quam vivere in servitute.

  53. Re:Talaban != Government? by Mjec · · Score: 2, Informative
    Could someone explain why people are comparing the Talaban to Al Queda?
    I think that their direct support of Bin Laden makes a clear case that they are culpable for terrorism. And I don't even agree with the war on Iraq or any of the dozens of stupid things the Feds have done in the name of defending us from terrorism.

    Umm...
    1. Iraq was not in the name of terrorism, it was in the name of preventing proliferation of WMD
    2. The Taliban was put into government in Afghanistan by the USA
    3. Aiding and abeting terrorists does not make them culpable
    4. Even if it did, someone helping someone who helps terrorists is not a terrorist
    Just a few clarifications...
    --
    "But everyone should know everything." -markab
  54. Re:Remember when.. by tapin · · Score: 4, Interesting
    If he really didn't commit the crime(s) then how can he offer up information via his buddies?
    Devil's advocate, since I don't know much of anything about the case:

    The exact same way Joe McCarthy got so many "communists" to testify against each other.

  55. Yes, I remember . . . by peachpuff · · Score: 2, Insightful
    "When we all thought that the FBI was overstepping their bounds? When we all thought that they were wrong; that an Intel engineer couldn't possibly be guilty?"

    When stacks of +5 posts said "The FBI is overstepping its bounds, whether he's guilty or not"? Yes, I remember that.

    If he's guilty of "conspiring to provide services to the Taliban" because he plead guilty to it as part of the plea bargain, then I guess he's innocent of "conspiring to levy war against the United States" and "conspiring to provide material support for terrorism" because the government dropped those charges as part of the same bargain. In other words, he's not a terrorist, just someone who tried and failed to fight on the receiving end of a conventional war.

    The War on Terror breaks the rules once again to catch yet another non-terrorist.

    "...owned"

    Yes, apparently we both are.

    --
    -- . . ramblin' . . .
  56. That's really discusting. by autopr0n · · Score: 4, Insightful

    ... you are a very bad person. You are hereby sentenced to seven years in a federal pound me in the ass prison.

    You know, it's really sick that we make jokes like this. The constitution outlaws 'cruel and unusual punishment' but the threat of being corn holed is actively used as a deterrent, and not much is done to prevent it. I think homosexual rape probably qualifies as 'cruel and unusual'

    --
    autopr0n is like, down and stuff.
    1. Re:That's really discusting. by sbszine · · Score: 2, Interesting

      Hear, hear. If I had mod points they would be yours.

      There was a bill called the Prison Rape Reduction Act put before congress, and I assume it was passed because it was jointly introduced. Whether the facilities respect it is another matter... they know what they're doing when they place new prisoners with rapists.

      --

      Vino, gyno, and techno -Bruce Sterling

    2. Re:That's really discusting. by Nasarius · · Score: 2, Informative

      You're not alone...

      --
      LOAD "SIG",8,1
  57. Hogwash on Hawash by watchful.babbler · · Score: 5, Insightful
    I have never seen so much disgusting anti-Americanism as I have in this thread. .... Innocent people do not plead guilty. ... This government is protecting YOU, if you don't like that protection then vote for someone who'll do it your way.

    Whoa there! Aren't you the same person who played Thoreau in a different thread?

    It's an open secret of law that innocent people plead guilty all the time. Consider, for example, the recent furor in Tulia, TX, where a police source went bad and turned in dozens of innocent people on drug distribution charges. Those people -- uniformly poor and African-American -- chose almost to the one to plead guilty to lesser charges. Governor Rick Perry is currently reviewing papers to dismiss all charges and convictions in that case.

    Likewise, in Dallas, the local police department has come under intense fire for planting fake drugs on poor Latino residents, many of whom accepted plea bargains (usually due to inattentive defense counsel, a real problem down this way). Because evidence was moved upwards into the federal courts, even those cases are now under review as judges seek to determine which defendants were truly innocent of charges.

    Then there are those quasi-Art. III courts, such as the IRS and immigration courts, where people frequently accept deals even though they may not be guilty at all.

    Why do people do this? Simple: it takes time and money to fight in court. If you're hauled in front of an IRS judge on charges you're innocent of, you may still rationally accept a lesser penalty knowing that it's less money than hiring an experienced tax attorney. (I've got a former IRS prosecutor as a friend who quite cheerfully explains every trick up that particular profession's sleeve.) If you're poor, a minority, or an immigrant resident, you may not have the resources or even the knowledge necessary to fight a criminal charge when it comes down the pipe; your defense counsel, who's either a private attorney getting less than scale for his time on your case, or a public defender who has literally hundreds of other cases sitting on his desk, has no incentive to spend more time than is absolutely necessary on your case -- and cutting a deal with the prosecutor is the fastest way to dispose of a pending case.

    Now, this doesn't obviate the fact that Hawash doesn't seem to be an innocent party. He's admitted to conspiracy to provide material support of a foreign terrorist organization, starting on October 20, 2001, two years after the official designation of the Taliban as an FTO and following the declaration of hostilities against the Taliban by the United States.

    The information set out in the plea arrangement is pretty precise regarding his actions, and the end result is not particularly favorable for Hawash -- if the judge accepts the sentencing level set out in the agreement (and there's no guarantee he or she won't apply an upward departure), Hawash gets a minimum sentence of over eight years. Now, the prosecutors certainly dangled a much harsher sentence over his head, but the specifics in the agreement (such as Hawash going to China and attempting to cross the border into Afghanistan) are precise, and serious, enough that I can't see him being truly innocent in this case.

    Nonetheless, just as I can remain conservative while damning every sentence from an Ann Coulter or Michael Savage, I can affirm my belief in Hawash's guilt while saying of your statement: wrong, wrong, naive, and wrong.

    --
    "Freedom is kind of a hobby with me, and I have disposable income that I'll spend to find out how to get people more."
  58. Wow by dtfinch · · Score: 3, Insightful

    It's a good thing I didn't make a donation at http://www.freemikehawash.org/ when this first came out.

    But guilty or not, it didn't seem right for him to be held in prison for several months without being charged, calling him a "material witness". One could say they forced his confession, because they admittedly weren't going to let him out until they heard what they wanted.

    1. Re:Wow by the-build-chicken · · Score: 4, Insightful

      There are others _still_ being held that way...if you're an american, do something about it...your government is holding people against the rules of your own constitution...not even granting them basic rights of the geneva convention (enemy combatants? what the hell is that?)...almost 2 years they've been locked up without even access to a lawyer and they're still haven't been charged with anything...if this is 'by the people, for the people'...then you have a lot of really cruel and hypocritical people in your country...for god sake...make some noise about this!

  59. Re:Talaban != Government? by elmegil · · Score: 2, Insightful
    The Taliban was put into government in Afghanistan by the USA

    Umm...no. Bin Laden may have been trained by the US, but the Taliban were a Pakistani creation.

    Even if it did, someone helping someone who helps terrorists is not a terrorist

    And if you bothered to read anything else I've written in this, you'd know that I was not saying that Mike was or should be treated as a terrorist. Quite the opposite, in fact. It remains that asking "why would anyone consider the Taliban the same as Al Quaeda" is a really stupid question.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  60. Re:Remember when.. by rcw-home · · Score: 3, Informative
    When there is evidence, then you are guilty.

    No.

    "Innocent until proven guilty" is an addage that is appropriate when there is not any evidence available to support a charge.

    "An adage" is a very peculiar way of describing the Fifth Amendment to the Constitution of the United States, the Supreme Law of the Land.

    It has come time, imho, that combating terrorism has got to involve more prevention than reaction

    The entire modern system of justice rests on the pillar of adjudication. Take that away and you have a mockery.

  61. Rubbish by Sanity · · Score: 4, Insightful

    That is no more damning than when a captured US soldier is forced to denounce the actions of their government by their captors. We have no idea what kind of threats were made against that guy before his "confession" was extracted.

  62. Re:Exactly, he looks like a terrorist so arrest hi by York+the+Mysterious · · Score: 4, Insightful

    I seem to remember this one white guy that blew up this one federal building. Maybe it was too long ago for everyone to remember. I don't remember anyone breaking windows at white owned businesses after that. Do you?

    --

    Tim Smith - Ramblings from Nerd Land
  63. Let's focus on another part by Bueller_007 · · Score: 4, Insightful

    "...held him as a material witness until charges were filed five weeks later."

    Is anyone else disturbed by this?

    1. Re:Let's focus on another part by Quila · · Score: 2, Interesting

      Let's think about this for a moment...

      The feds pick you up because you had the same name as a terrorist (mistaken ID happens all the time at airport security now), so they wanna hang on to you for a while. During this time your family is going nuts worried you've been killed, you may have lost your job due to not showing, and all the while missing persons reports fall on deaf ears. Meanwhile, you're being interrogated daily without access to an attorney and are getting ready to say anything that will finally let you out to tell your family you're okay. If they hold you long enough, maybe your wife and kids will get evicted from the house and be living on the streets.

      Yep, I can say I'm gonna lose sleep over this one.

      Disappearing people is a tactic of a totalitarian state. There's a right way to keep someone in jail, and it's called being held without bond.

  64. Don't you have a Bill of Rights? by Snoopy77 · · Score: 3, Interesting

    The FOX article was pretty light on but I'm guessing your new Patriot Act helped hold him for so long. Somewhere else on /. a poster said that a judge signed off on holding him as a material witness. Surely you guys have a seperation of powers? Your judiciary decides who's guilty and innocent on the facts available. Why is a judge deciding whether or not a man can be held without charge? Seems like a rubber stamp to me.

    It seems like the executive is getting permission to do something from someone who does not have the power to give that permission. Yes, the legislature may have granted the judiciary the power but it does not fall under normal judicial powers, totally circumvents due process and, I would guess, would be unconstitutional.

    Well at least he's better of that the guys living in dog kennels at Guantanamo Bay.

    --
    "She's a West Texas girl, just like me" - G.W Bush Iraqis
    1. Re:Don't you have a Bill of Rights? by Xeger · · Score: 2, Insightful

      Generally, a jury of one's peers decides guilt or innocence. The judge's job is to preside over the trial process, ensure all the rules are obeyed, and mete out a sentence. The judge's other job is to decide on the legality of certain police measures, and issue warrants when necessary.

      Yes, in their role as the watchdog over the policemen's shoulder, judges can be both our friends and our enemies. Judges are people, and people are either good or bad. Good judges use their power wisely; bad judges abuse their power in order to pursue some private, impartial agenda.

      The Patriot Act provides a powerful tool to these bad judges, just as it provides a powerful tool with which good judges may shortcut the legal process a little bit more, in order to save lives. I'm afraid the bad judges are getting more mileage out of the damned thing than the good judges.

  65. Re:Exactly, he looks like a terrorist so arrest hi by nyseal · · Score: 4, Insightful

    Probably the same time they stop looking like middle eastern gentlemen at a time when the country gets attacked by them. Right or wrong, looks (and appearence) play a great role in identifying suspects. If the attack were carried out by middle aged, caucasion males with pension plans linked to a Mexico bank account, I would EXPECT to be at least questioned.

    --
    [SIG] Remember Mattel handheld games?
  66. WTF are you talking about, idiot? by autopr0n · · Score: 2, Insightful

    He went to aid the taliban after we started the fight with them, after 9/11, fuckhead. This guy, supposedly, went to go fight solders on the battlefield not murder civilians. There's a pretty big difference.

    Someone please mod this asshole down.

    --
    autopr0n is like, down and stuff.
  67. Re:It's fucking war you stupid MONKEY. by RyuuzakiTetsuya · · Score: 4, Insightful

    It's called the consitution. It's there to make sure that under no circumstances can the Government take away my rights as a citizen.

    There's a fine line between cracking down on terrorism, and terrorising the citizens to crack down on terrorism.

    --
    Non impediti ratione cogitationus.
  68. Re:Exactly, he looks like a terrorist so arrest hi by elmegil · · Score: 2, Funny

    or blowing up federal buildings? Oh wait, he wasn't bald.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  69. I understand his feelings. by Anonymous Coward · · Score: 4, Interesting

    I felt very much the same way he did.

    Before 9/11 I was just an average minority guy. On 9/11, I was as shocked and devastated as everyone else. I spent hours in front of a TV with my co-workers wondering at the hugeness of it all and at the pain of it all.

    But over the weeks that followed, things began to change.

    I have always worn a little facial hair, and I have a dark complexion. I never thought twice about it, I thought I looked better with a little facial hair.

    Well... After 9/11, I got accused by people I formerly thought I knew very well. Apparently many of them had no idea about my ethic background and were prepared to simply assume that everyone who wasn't white, black or chinese was Arabic. People would stop talking about 9/11 and the pain they felt when I came in the room. They would give me looks that I'll never forget.

    I began to be accused in public places. People would actually yell out on busy streets: "Hey, check out the terrorist!" and people would catcall, throw drinks out of their cars at me, give me poor service at restaurants...

    After 9/11, I began to realize that my "fellow Americans" actually hated my guts and wanted me dead. In fact, when I began to observe peoples' interactions with one another, I realized that much of the NAACP's lobby is actually right on the money... White America still wants minority people dead.

    Once I came to this realization, it wasn't hard to begin to feel like I don't belong after all. Like maybe these aren't my people. When someone demanded to search me before letting me into their stupid little restaurant, it was easy to begin to feel as though I was betraying those who were like me if I was to allow myself to be searched or treated in this manner.

    9/11 showed me that America is a hateful place. It proved that unlike in Europe (that Americans seem to hate with a passion), in America 3,000 white dead outweigh by a generous margin 3,000 Afghani dead or 3,000 Iraqi dead.

    No, I'm not Arabic, either, or a Muslim. But I've been accused of as much umpteen times since 9/11 even though I was born here, and my parents were born here. That's right, accused. Being non-white is an accusation in the US.

    So I can understand this guy's feelings after 9/11 because I had them too, and I wasn't even of the same heritage. And I, too, now wear a much longer beard than I ever did. Why? I suppose it's my little demonstration of anger at the way I was treated after 9/11.

    1. Re:I understand his feelings. by KiahZero · · Score: 2, Informative

      Or maybe you're just lucky? It's a well-documented fact that Arab (and Arab-looking) people were openly mocked, derided, and attacked in some areas.

      And, to be perfectly honest, did you ever consider that it was maybe the fact that you shaved that made the difference? In my personal experience, people tend to respond more negatively to bearded individuals (why I keep fairly clean-shaven).

      Some reading material: Hate crimes after Sept. 11. Fortunately, the reported number went down after a bit, but this clearly shows that there was an rash of attacks after the WTC and Pentagon were attacked.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
    2. Re:I understand his feelings. by gr0ngb0t · · Score: 2, Insightful

      man, i'm a white, balding male in australia (about 6-7 generations white) and have always had a pretty hefty beard, and i got wierd looks and called names by people after the whole WTC thing.

      Even security at my university where i worked stopped me and asked to see my ID.

      Just because it didnt happen to you doesnt mean it doesnt happen.

    3. Re:I understand his feelings. by javiercero · · Score: 2, Funny

      "I felt very ashamed of my origins, but the naturaly friendlyness of the U.S people helped bring me out of it."

      Ladies and gentelman we have the first fresh of the boat self hating troll. Today is truly a day to remember, for Troll population has added yet another member that enhances the diversity of our Troll park, reflecting the realities of the melting pot that is America!

    4. Re:I understand his feelings. by Slack3r78 · · Score: 2, Insightful

      True, but despite our claims to promote tolerance and equality, America often falls quite far from our lofty ideals. Perhaps it's not as bad in other parts of the country (though I doubt it), but I live in the south, and racism still runs rampant here today. The part that scares me is that while I live in a city where it's not as bad, if you go out to some of the more rural areas, the biggotry you'll find is nothing short of appalling.

      I have to think that the isolated nature of the United States lends greatly to this, despite the US often being called the great "melting pot" of the world. Whereas Europeans are forced to deal with their neighbors as most European states are smaller than many American states, the US has only two direct neighbors, and we don't even treat them that well. Ever heard disparaging remarks about Mexicans? So really, I have to agree with both of your posts. The Earth is a hateful place, but for whatever reasons, America seems to have a special affinity for hatred.

    5. Re:I understand his feelings. by Pr3d4t0r · · Score: 4, Insightful

      As someone trying to make a case against prejudice and stereotypes, I found the following very interesting:

      White America still wants minority people dead.

      This is one the most aggravating posts I've seen on Slashdot in a while. In trying to show how you were pre judged because of your appearance, you go on to portray every white American as people who wish every minority would die!? Did you not learn anything about the stupidity of prejudice in your experiences?

  70. From an Afghani slashdotter by mnmn · · Score: 5, Insightful
    I will begin by trying to define 'terrorist'. Anyone who terrorizes anyone else is a terrorist. That means the US ventures in Vietnam and Iraq where they tried to intimidate the civilians to drop support to their governments is just as terrorist as say the USSR trying to invade Afghanistan. So a government can be a terrorist organisation and all current governments are except some small ones ruling city states without their armies. Next, the Taliban were a political group. They also represent an extremist thinking. They supported the Al Qaeda because of what they believed, not because they wanted to terrorize US citizens. They were terrorists because they terrorized Afghans. By the way Al Qaeda and the Taliban both killed more civilians in Afghanistan each, than Al Qaeda did on 9/11. They also fought for years trying to take over Afghanistan fully but never really did. One well-known former CIA chief testified in his book that the Taliban were created by US funds during the Soviet occupation years to create a strong religious resistance against USSR. Couple these facts with the fact that few people in Afghanistan ever supported the Taliban, and they were mostly composed of Pakistani army, that hardly makes the Taliban Afghan, let alone Al Qaeda. A terrorist to some is a freedom fighter to others. People in foreign countries who supported the Taliban were usually sincere to their own countries and never supported them as a Threat to America or Democracy. They never knew of the Taliban's antics within Afghanistan. A Pakistani-British kid raised in London was caught among the Taliban when the Americans came, and was interviewed. He joined because he thought he would be fighting the Russians defending Islam. He didnt know there would be cries of "Allah o Akbar" from both sides of the hill. Most people in Pakistan under the current Taliban propaganda still believe the Taliban should rightfully be in Afghanistan without knowing who the enemy is exactly. Such is the sorry state of affairs of the region. I will just ask everyone to:
    1. Never hate anyone single-mindedly. Information is skewed in every media and the world out there can be radically different.
    2. Never sling around a word without completely understanding its definition and checking how it applies to yourself. Words like WMD, terrorist and wacky are some.
    3. never treat anyone like the plague because he supported someone else. Many people even in America still defend communism, many others have strong religious affiliations of all sorts. None of them are absolutely evil, and evil only lies in the eyes of the beholder.
    4. never support any form of government to the extreme that you impose it on others. Face it, democracy is a total failure in poorer countries where people only vote for the person most seen on TV, which is the richest politician around. The communists were in the same shoes a few years ago.
    5. never assume yourself, your country or your religion to be the center of gravity of humanity. The Germans tried that half a century ago. Ask them how they feel now. Anyone is a savage/terrorist/evildoer/moron/unintelligent to someone else.
    6. never start a political debate on slashdot. Ever.
    7. Profit!
    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
  71. Naturalized Citizen... by zenyu · · Score: 2, Interesting

    If he had been born a US citizen, I'd cut him some slack and merely imprison him for the duration of hostilities. As a naturalized citizen, he deserves either deportation or more jail time for lying during the naturization process.

    Woah, first off I'm sure he gave his pledge of allegiance honestly. The USA was a very different country 14 years ago. It was a country where we tried and convicted Americans that promoted terrorsism like John Poindexter and Oliver North. Now one of those traitors is heading up the TIA and the other is a motivational speaker.

    Just because someone is naturalized does not mean they ever had to take an oath of any kind. I was born at the only hospital near the military base my mother was living at. She immediately applied for my citizenship and I have been a naturalized citizen since before I knew we were still following that tragic example of the Spartans*. Or much less that we still used that other tool of oppression the super class conscious British Empire invented, the passport. She could have been anywhere outside the United States and could have applied for my citizenship, at the time any white child born to an American citizen had the right to citizenship. Now you are an alien under our laws until you are naturalized but then it was just a formality, if your mother was a citizen you had the right to a citizenship and could apply for it when you felt like it.

    *The Spartans kept redefining citizenship after their pride ran even higher at the defeat of Athens, narrowing and narrowing it until there were just a thousand full citizens left. Then they battled the tiny city next door, who after decades of being plundered had learned to fight. They put ten men on every one Spartan, they wiped out four hundred of them in one fell swoop. Sparta soon lost not only it's slave class but all the tens of thoasands of people who had their citizenship stripped for not being patriotic enough or not paying their taxes promptly enough or marrying the wrong woman, etc. A few hundred years later they were a turist attraction for the Romans; a Colonial Williamsburg of their day, except they whipped boys to death in dramatic retellings of their former glory.

  72. Re:Talaban != Government? by Sanity · · Score: 2, Insightful

    Sorry, I forgot - its ok for them to use terrorist tactics against non-Americans but not against Americans, because non-Americans are sub-human. Thanks for reminding me.

  73. Try again, this time think a bit by gaijin99 · · Score: 4, Insightful
    but wait its about someone we feel should be free. I guess the freedom thing wins out. Even though this guy is gulity.

    The problem with the Hawash case was never his guilt or innosence, but the whole issue of how he was arrested in the first place.

    Hawash was secretly arrested. With a secret warrent. Based on secret evidence. The feds wouldn't even admit that they had arrested him until eleven days had passed. He was not charged with a crime until he had been held for more than two months.

    The Constitution specifically states that people get speedy trials. The police are not allowed to arrest people and hold them without pressing charges. That is one of the main things that's wrong with communist nations like China and Cuba. The whole idea of "find charges, then arrest" is central to real justice. "Arrest, then make up charges" is a sure sign of Stalin and his ilk.

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
    1. Re:Try again, this time think a bit by Catbeller · · Score: 2, Interesting

      A point about his guilt: was what he did illegal at the time he did it? I highly doubt it.

      After all, the Bush administration was bargaining with the Taliban not two months before 9-11. The Bushies wanted the Taliban to grant permission to one of our stellar energy companies to lay a natural gas pipeline through Afghanistan. The Taliban refused.

      When exactly will Bush and Cheney be arrested for dealing with the Taliban?

      Or is it only brown Moslem people who get arrested for dealing with the government of Afghanistan? Rich energy companies get the President himself to send envoys to offer $$$$ to the Taliban, and no one even gets investigated.

      And one other thing: Afghanistan, and the Taliban, did not attack us. The Taliban merely demanded proof of Osama's guilt before they turned him over. There are certain rules of hospitality, not to mention morality, involved in just turning over a person to be executed without a shred of evidence.

      We invaded them. And did a lousy job of it, since we didn't even get who we were gunning for. And have totally screwed up the country. And even now, the Taliban is taking the country back.

      Even the Taliban would have given up bin Laden, had they and the world been provided proof of guilt. What choice would they have? The bugger was guilty. But by invading, we denied any responsibility to justify invasion, firstly, and secondly, Osama bloody got away. The Taliban WAS NOT bin Laden's organization. We used them as a proxy for the focus of our anger -- so well, in fact, that Osama is now a Tonight Show joke, even as he is still at large. The Taliban and Al Qaeda have somehow become the same, to the point where some poor bugger working at Intel is smeared with working with Osama, which is not even remotely true.

      Oh the idiocy and nastiness of it all.

  74. We were right by LPetrazickis · · Score: 2, Insightful

    When we all thought that the FBI was overstepping their bounds?

    They were.

    When we all thought that they were wrong; that an Intel engineer couldn't possibly be guilty?

    With the kind of sentence the terrorism charge carries, I'd plead guilty too in exchange for its drop.

    This case and all the other similar cases were botched completely. He deserves to go free in spite of any confession or verdict or whatever because of the sheer unethical nature of the proceedings.

    --
    Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
  75. Re:Fox News is corporate filth by nexex · · Score: 2, Informative
    Fox News is geared toward those who are ignorant, those who are malformed, and those who like to pay attention to shinny / loud things.

    apparently so does the Associated Press, since they wrote the story...

    --
    Winter 2010: With Glowing Hearts
  76. Re:US supported the Taliban too by Moridineas · · Score: 5, Informative

    To clarify, this is a little right, but, imho, mostly wrong.

    It is true that the CIA supported the Afghani mujahideen in the 80's. If you're interested, the word "mujahideen" is of an Arabic base and comes from the three letter radical j-h-d, with a rough meaning of struggle (one meaning of jihad is, literally, to struggle). A mujahid is someone who struggles/practices jihad. Mujahideen is the plural.

    Anyway, off that tangent. Yes, the CIA funded Afghan mujahideen/freedom fighters in the 1980's. There was an Afghan govt later formed of those same mujahideen. It was not however, until 1996 that the Taleban seized Kabul and ousted the former Mujahideen govt.

    Incidentally, Taleban comes from the Arabic radical t-l-b. A Talib is a student. Taliban, in pashto means students. The Taleban are the products of radical (and backwards!) madrasahs, religious schools, many of them in Pakistan. The allegation that the CIA funded the Taleban is totally incorrect. There were no doubt American arms under Taleban control, but you must remember that warlordism in Afghanistan is nothing new. You can go back thousands of years and little in Afghanistan has changed. Alexander the Great encountered very fierce resistance on his way to Central Asia. Warlordism and yet another meltdown of Afghan society in the 90's brought about the Taleban, NOT American support.

  77. Re:Remember when.. by KiahZero · · Score: 2, Insightful

    That means the guy that thinks it is right to go to a war zone (where, BTW, attacking and defending merge into one, so your spinny use of "to defend" and "to provide mercenary military aid" was kinda annoying), by definition of the religious authorities from whence he gets his definition of "what is right", also thinks it is right to plant "a bomb in your home town/state/country (where it may kill your own family members)".

    Not all people blindly agree with all of the dictates of their faith: see Catholics and birth control, most world religions in general and religious tolerance, etc.

    I don't propose we sink to that level, but we certainly would be stupid and naieve to ignore the fact that there are no "honorable" jihadists out there. If they're looking to help Taliban, and we can get a hold of them, we should decide what to do with them under the assumption that they may do 911-ish things given the chance.

    Taliban != al Qaeda. The Taliban was the government of a country that was invaded. Invaded justly, as far as we can tell, but invaded nonetheless. To accuse him of being a terrorist & a traitor, rather than just the apparently substantiated claim of him being a traitor, is a bit of a stretch.

    I still have a bad feeling about this... I'm sorry, but it reeks a little of The Crucible. Sure, he could have easily done what he was accused of, but to quote Reagan: "Trust, then verify."

    --
    I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
  78. Immigrants: Traitors Among Americans by reporter · · Score: 2, Insightful
    Many of us, including folks in the SlashDot community, immediately assumed that Maher "Mike" Hawash was innocent because we routinely confuse 3 groups of immigrants. We can characterize them by 3 metrics: wealth upon entry to the United States of America (USA), educational level upon entry to the USA, and desire to assimilate. "3", "2", and "1" means "high", "medium", and "low", respectively. Here, "wealth" and "education" means the relative wealth and the relative education that the immigrants had in their home country (i. e. not the USA). "desire to assimilate" means accepting and admiring Western values, not merely wanting to learn English. The 3 groups are the following.
    1. Group 1 has these characteristics: (wealth, education, desire to assimilate) = (1, 1, 3). Immigrants in this group are typified by the Japanese and European immigrants who came to the USA during the early part of the 20th century. They are mentioned often in discussions of Ellis Island and the Statue of Liberty. Americans of Japanese ancestry volunteered to die in World War II in the defense of the USA.
    2. Group 2 has these characteristics: (wealth, education, desire to assimilate) = (1, 1, 2). Immigrants in this group are typified by South American immigrants. Most of them prefer to cling to their own ethnic language: usually Spanish. They are ambivalent about acquiring Western values. They create their own community, which is large enough to support several ethnic-language television stations (e. g. Hispanic television). At the same time, there are notable exceptions among these South American immigrants. The Wall Street Journal, in 2003, reported that several Central-American immigrants admired the USA so much that they volunteered to join the American military and fought the tyranical regime of Saddam Hussein.
    3. Group 3 has these characteristics: (wealth, education, desire to assimilate) = (3, 3, 1). Immigrants in this group are typified by Middle Easterners (e. g. Iranians, Palestinians), Chinese, Indians, and Koreans. They enter the USA by enrolling in primarily graduate school or secondarily undergraduate school at the university. They believe that "ethnicity" is determined by genes and that each "ethnicity" has a natural and normal culture. They believe that Western culture is only for "White" people and that Chinese culture (for examply) is only for Chinese people, where "Chinese" is an ethnicity. These immigrants believe that Western culture is equal to Chinese culture in quality and that Western brutality prevented non-Western societies from prospering. These immigrants insist that their children learn their "ethnic" language; if their children refuse to learn their "ethnic" language, then they are supposedly denying their "ethnicity". These immigrants and their descendents identify strongly with the country (i. e. not the USA) of their supposed "ethnicity". The immigrants in this group believe that the American high-technology industry -- and the entire American economy -- would collapse without the brainpower of immigrants. These immigrants have a proud view of their own capabilities. These immigrants believe that the USA needs them far more than they need the USA.

    Group 3 is the group that produces most of the Taiwanese spies who steal American technology to give to Beijing. Both spies mentioned in "Two Men Arrested for Planning to Smuggle High-Tech Encryption Devices to China" are born and raised in Taiwan but emigrated to the USA. Katrina Leung is also from Group 3; she was recently arrested for giving national security secrets to Beijing. Please read "FBI Changing Counterintelligence Tactics". Group 3 is also the group that produces people like Maher Hawash.

    Many of us in the SlashDot community attended college and obtained a technical degree. More than 50% of our classmates w

  79. Re:How many girls went to school under the Taliban by gr0ngb0t · · Score: 2, Informative

    why don't you tell me who you believe attacked the ... Bali nightclub full of Australians and that hotel in Indonesia a few days ago?

    I think you'll find that in both cases, it was Jemaah Islamiah, which, while being a terrorist group, is only linked to Al Qaeda because now *all* terrorist groups are linked to them. Its an easy catch-all for the media and government to say that Osama is behind everything - helps convince people that he is a bad man. I'm not disputing that he's a bad man, but do you seriously think that he said to the JI people "hey, why don't we bomb the Marriot hotel in Jakarta?" I don't and wouldn't.

    Oh and dont forget that of the 202 people killed in Bali, only 88 were Australian and about half of them were Indonesians, but I guess in the world of worthy and un-worthy victims, an Indonesian life isn't as important as an Australian or other "western" life.

  80. GUILTY plea, not an ALFORD plea. by rjh · · Score: 5, Informative

    Please, please, please, for the love of Bob, people, think a little bit before you go about saying "he just plead guilty because he was looking at 20-to-life, we don't actually know what he did."

    There's a special kind of plea you use when you're taking a conviction on lesser charges out of fear that you're looking at a much greater time if you're convicted on the original charges. It's called an Alford plea, closely related to a nolo contendre plea.

    Nolo has been expressed in layman's terms as "I didn't do it, judge, and I'll never do it again!" You neither admit guilt nor protest your innocence. As a result, many judges refuse to enter nolo pleas; they demand that you either admit or deny responsibility, and if you insist on nolo a "not guilty" plea will be entered instead.

    An Alford plea is a far different thing. An Alford, in layman's terms, is "Judge, I didn't do it, but I'm terrified of the original charges and I think they could convict me on it." An Alford plea allows you to formally and legally protest your own innocence, while at the same time stipulating that the government could convict you if it went the whole nine yards, and thus avail yourself of the plea bargain.

    Mike Hawash didn't plead either nolo or Alford.

    Mike Hawash plead guilty.

    Guilty, as in "yes, Your Honor, I fucking did it! "

    Could we please, please, please stop seeing these self-important, self-aggrandizing rants from Damn-the-Man slashdotters who don't even care to learn about the difference between a guilty plea and an Alford plea, and why it's so significant that Hawash didn't plead Alford?

    1. Re:GUILTY plea, not an ALFORD plea. by WhaDaYaKnow · · Score: 4, Insightful

      Could we please, please, please stop seeing these self-important, self-aggrandizing rants from Damn-the-Man slashdotters who don't even care to learn about the difference between a guilty plea and an Alford plea, and why it's so significant that Hawash didn't plead Alford?

      Which lawyer did he get, to explain this theory (which I've never heard of as a foreigner that has lived in this country for a quite while) to him while he was not allowed to contact the outside world?

      I don't consider a confession of someone who has not been allowed a proper trial worth anything.

    2. Re:GUILTY plea, not an ALFORD plea. by Lulu+of+the+Lotus-Ea · · Score: 3, Insightful

      There is not a chance in hell the the DOJ would have allowed a nolo or Alford plea in this case. If Hawash had agreed to anything other than a guilty plea, he'd by in Gitmo now (and for longer than 7 years, probably), without the feds bothering with specific charges. And as others upthread have written, probably his family would be rounded up for deportation in "secret evidence" against them.

      Repeat after me: THIS IS NOT A NORMAL CRIMINAL CASE.

  81. Re:Furthermore... by whorfin · · Score: 2, Interesting

    This is a case of an American trying to take up arms against his own nation...that is treason, not legitimate mercenary action. Those of us who take their citizenship seriously understand this. And since he was naturalized, he, unlike most of us, had to actively take an oath to abandon all other national alliegances, and to take up arms to defend the US.

    So, using your example:

    If you were not French and did this, and were not wearing a German uniform, you would be a spy, and probably just be summarily executed after some painful questioning.

    If you were French and you did this, you might get lucky and be convicted of treason, then executed.

    --
    Laugh while you can, monkey-boy!
  82. New Ad Campaign by shoemakc · · Score: 2, Funny


    I can see the new ad campaign now:

    Osama Inside(tm)

    ba bing ba bing...

    -Chris

    --
    --an unbreakable toy is useful for breaking other toys--
  83. killing the patient in order to save him by 73939133 · · Score: 4, Insightful

    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.

    Plea bargains are a travesty of justice. Telling someone "we can prosecute you for a crime on which there is the death penalty, or you can plead guilty to a lesser charge" creates a grave risk of making the innocent plead guilty. This is really not all that different from the interrogation and torture techniques used by the inquisition or totalitarian governments. Furthermore, it allows the guilty to get away with lesser charges.

    I think the utilitarian argument for these kinds of arrangements doesn't work: no matter how many criminals we catch through plea bargains or how many crimes we prevent, the cost of such arrangements--sacrificing a fair trial and a thorough, public examination of the charges and evidence--is just too high. Plea bargains are killing the patient in order to save him.

    "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?" U.S. District Judge Robert E. Jones asked Hawash during the hearing.

    This, too, is rather chilling. It's not that conspiracy might not be a prosecutable crime under some circumstances, and maybe this is one of them. But in this phrasing, he didn't actually admit to doing anything, he was just "prepared to do" something.

  84. Re:Try again your wrong by Rares+Marian · · Score: 4, Insightful

    I don't care if they thought Stalin was Jesus. Until they made any movement (like killing people, or stealing) they have a right to walk the streets like anyone else.

    Wake up. There is such a thing as the outside world, and whether you like it or not it isn't part of any society, it just is regardless of what influence one person has on another.

    I don't want a paradise on Earth. I want a place where I can live and learn things you'll never get trained or taught to do or understand. I want a place where I can test the world to see what's true and what isn't for myself. I exist dammit. I'm not just taking up space. I am. Therefore I will think. Therefore I will not be molded without prior agreement. As if Lieberman will get elected in 2004. HA!

    --
    The message on the other side of this sig is false.
  85. Re:Talaban != Government? by Zoop · · Score: 4, Informative

    Yeah, those that trained Bin Laden should indeed be punished. Oh wait, that would be the CIA - I guess the world isn't black and white after all.

    Sigh. The world does have some gradation in shading, however.

    Repeat after me: The CIA never funded Osama bin Laden.

    He's a freakin' multi-billionaire, he didn't need the funds.

    They funded other groups such as those led by Abdul Haq who cooperated with bin Laden in ousting the Sovs. However, those groups didn't agree with the Taliban, which Osama supported, and so most of them were killed or fled the country. In fact, Haq was killed when he went into Afghanistan to try to rally people around him. If you want to blame the CIA for something, try for not supporting Haq or hooking up with the military to get him out when he realized he was being surrounded.

    The CIA has much to be ashamed of, you don't have to invent stuff because it helps your immediate rhetorical need.

  86. Re:Remember when.. by MntlChaos · · Score: 2, Informative

    yet they can't arrest (except in rare circumstances, such as them witnessing a crime) someone without the court giving a warrant

  87. Say, uh ... by Anonymous Coward · · Score: 3, Insightful

    I took the liberty of reading the article, and found, in one of those paragraph things near the top of the story thing, the following set of words:


    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.


    So, in what part of this do you not see "taking a conviction on lesser charges out of fear that you're looking at a much greater time if you're convicted on the original charges" ?

  88. Re:Furthermore... by EinarH · · Score: 2, Informative
    I have studied this part and it looks like I was, as you point out somewhat inaccurate in saying that the Geneva Convention requires an independent court.

    Quoted from the Geneva Convention

    Article 5

    The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

    Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

    Somewhere else in the Convention text there is something about the how the Parties shall "seek to establish impartial tribunals etc". I could not find this and I'm not 100% shure on this point, but that what i reckon from reading the text a couple of years ago.

    We could always argue what a "Competent tribunal" is, but I'm pretty shure that any tribunal consisting only of people only from the US Military or from a US court would be outside the ramification of the Geneva Convention as such a tribunal would violate the Conventions on the impartial point.

    So far USA has ignored all this and still claims that the prisoners at GB are "unlawful combatants".
    Humans Right Watch wrote a nice letter to Condoleezza Rice ripping apart her arguments that she still continues to spread on various press conferences.

    --

    Melius mori in libertate quam vivere in servitute.

  89. Re:Talaban != Government? by Malcontent · · Score: 2, Insightful

    I wonder what it is that you are trying to protect. It's obvious by now that the "way of life" you are trying to protect is one of savagery and evil. Putting your selfish interests over and above the lives of tens of thousands of people, giving yourself the license to kill anyone you want, whenever you want, for whatever you want.

    It's sick, immoral and evil. You are no better then Osama Bin Laden or Saddam Hussein. I am sure they both feel and talk exactly like you.

    --

    War is necrophilia.

  90. Re:Furthermore... by YU+Nicks+NE+Way · · Score: 5, Informative
    If you're going to quote text, you ought to quote the relevant text: the definition of a person to whom the Third Geneva Convention applies.

    Here's the main definition:
    A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

    1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

    2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

    (a) That of being commanded by a person responsible for his subordinates;

    (b) That of having a fixed distinctive sign recognizable at a distance;

    (c) That of carrying arms openly;

    (d) That of conducting their operations in accordance with the laws and customs of war.
    The section goes on, but the subsequent passages either speak to edge cases.

    Key is, a covert enemy agent meets none of the four tests for being a prisoner of war. In that case, there's no question about whether or not that agent is covered by the provisions of the Convention; he or she is not. Irregular combatants may or may not be, but generally would not be covered. The foreign combatants in Afghanistan directly associated with Al Quaeda were clearly not covered: they were not commanded by a responsible officer, they wore no distinctive signs, they concealed their weapons, and they did not conform to the standard laws and customs of warfare (including the Third Geneva Convention, which forbids the taking of hostages and direct attacks on civilians, both of which many of the GB detainees had done.)

    In short, GB may be wrong, and is a PR disaster, but it is not illegal, no matter what HRW wants you to believe.

  91. Re:Fox News is corporate filth by Mr.+Slippery · · Score: 2, Informative
    Remeber when the war was going on?(some say it still is but that is debatable)

    What's debatable? American soldiers are still getting killed. Iraq still isn't "liberated", and the Bush regime keeps increasing their estimates of how long that will take. (Oh, and Saddam is still around. And we still haven't found those pesky "weapons of mass destruction" that are the Bush regime's excuse for its illegal war.) How is this "over"?

    Like CNN showinf dead Iraqi children but never showing someone dying from 9/11.

    Since IRAQ HAD NOTHING TO DO WITH 9/11 , and since 9/11 is not news, there's no reason for anyone to be showing footage of 9/11 victims. Unless, of course, they're engaing in pure propaganda.

    But I would rather be ignorant than uninformed like you.

    Priceless! You are obviously squarely in the middle of the Fox News target demographic: ignorant and uninformed.

    (Free clue: ignorant. See defintion 2.)

    Anyway, regarding this case: like the raisethefist.com case discussed yesterday, the plea bargain deal makes any admission questionable.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  92. Re:Try again your wrong by Catbeller · · Score: 2, Insightful

    Neocon legend. There are no such papers. McCarthy was a demogogue who insinuated crimes and ruined people. He was a bully and fool, and if he is a demon, he was a demon of his own making.

    There is also a neocon legend that the FBI was on Martin Luther King's side all the time. But they were trying to find out why all that violence kept dogging him around the country. Really.

    If you doubt that these stories are legends, then try Googling for the stories which you think exist.

  93. Put the US Government on Trial too, eh? by RevAaron · · Score: 4, Insightful

    While the Taliban was in power, the US gave quite a bit of aid and assistance to them. After all, they were our buddies- they were going to crack down on drugs! It's easy to turn a blind eye to everything and anything else that the US supposedly stands for, provided they tell us they'll crack down on opium production.

    I mean, it's a well known fact that the US can never do any wrong- so, why is this guy going to jail?

    Perhaps we should put this retarded administration on trial, along with the schmucks in previous administrations who thought it was a good idea to put a bunch of folks through Terrorism for Dummies, CIA Edition. Hell, perhaps we could even go so far as to look at our current actions- the CIA sponsors guerilla training like that given to our buddie Osama in a number of countries. You see, when the US wants something from some un-developed nationn we train a bunch of locals to despose the current dictator and put one in that is more to our liking... It's usually about getting some resource that the other guy didn't feel like sharing. Oil? COULDN'T BE!

    USA! USA! USA!

    --

    Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
    1. Re:Put the US Government on Trial too, eh? by kst · · Score: 2, Informative

      Ah, the old $43 million lie.

      Robert Scheer wrote a column for the L.A. Times claiming that the US Government made a $43 million gift to the Taliban. Compare his column to the actual atatement from the State Department, which makes it clear that the aid (which was mostly in the form of wheat) was given directly to the people of Afghanistan, bypassing the Taliban. The only remotely Taliban-friendly thing in the statement was a brief mention of the Taliban's decision to ban poppy cultivation; the aid was partly intended to help the farmers affected by the ban.

      I have very few good things to say about the Bush administration. This is one of them.

  94. Re:Exactly, he looks like a terrorist so arrest hi by hazem · · Score: 5, Insightful

    Pretty lucky guess, if he's pleading guilty and that's all they had to go on when they picked him up.

    Don't be so sure. I don't know if he is in fact guilty in this case, but people have been known to plead guilty when they are in fact innocent.

    Here's a possible scenario. They pick him up on secret evidence and secret warrant, then hold him secretly with no access to a lawyer or his family. That's pretty scary right there.

    Next, they tell you, "listen buddy, you look just like one of Osama's boys, so when we put you before a jury of your *peers*, they'll have no problem locking you away for the rest of your life being gang raped by muslim-hating white supremicists"... OR, if you plead guilty, we'll take it easy on you, put you in a nice prison, and you'll see your family in 7 years."

    What does his lawyer tell him? Oh wait, he didn't have access to one for quite a while... in fact, nobody did.

    What do you do given a choice like that?

    Prosecutors have a lot of power in our system, particularly when they can frighten you into pleading guilty out of fear for what a guilty verdict means.

  95. The Conversation by kbonapart · · Score: 2, Interesting

    Police: Welcome to your new home! Confess.
    Hawash: I'm under arrest? Aren't you supposed to Mirandize me?
    Police: You're not uder arrest. Confess.
    Hawash: If I'm not under arrest, let me out of this room.
    Police: You are a material witness. Confess.
    Hawash: Can I see my family? Or a lawyer?
    Police: You can't see a lawyer because you aren't under arrest. Confess.
    Hawash: Can I please go? My family might be worried. I have bills to pay.
    Police: You aren't leaving, terrorist. Confess.


    Having said that, if he can give evidence against his co-conspiriters, there's a good chance he really is guilty.
    I must use every sig. For great justice.

    --
    There are no gods but ourselves.
  96. I'd plead guilty too with his options by vandan · · Score: 2, Insightful

    Australia's David Hicks has been held by the US without charges and without access to a lawyer and without any contact with his family for a couple of years now. I wouldn't be surprised if he'd been tortured daily - that would be why they're holding 'terrorists' in Cuba ... Cuba doesn't have such strict laws re: people's rights, and it's even more corrupt than the US.

    So what do you Maher "Mike" Hawash's and David Hicks' his options were?

    I think they would be this:

    Plead guilty and tell the media what we want the world to hear, or be executed.

    Which option would you choose?

    If the US was serious about protecting their citizens from terrorists, they should consider impeaching their president, and changing their foreign policy. That would be a far more effective terrorist-deterrant than kidnapping individuals and making an example of them. That's only going to piss off more people.

  97. I am leaving the US by Sanity · · Score: 4, Interesting

    As an Irish citizen living in the US - I have decided that it is time to leave this country - it is starting to look, smell, and act as Germany did during the 1930s. I wish you Americans luck in regaining civilized justice in your broken country, if not, I hope that the EU will be accepting of political refugees from this brave but failed experiment.

    1. Re:I am leaving the US by mcp33p4n75 · · Score: 2, Insightful

      You're not alone. Unfortunately, I don't think Canada is far enough.

    2. Re:I am leaving the US by gauloises · · Score: 3, Insightful

      With the implementation of the Patriot Act the 4th amendment of the US constitution is basically null and void - its gone, and that's only the beginning. The replys of americans to Ians statement speak for themselves though: anyone opposing the actions of the US government is a "traitor", "unamerican" and should get lost. Right. Perhaps they're not aware that anyone questioning the decisions of the "Fuhrer" in Nazi-Germany was considered a traitor, too. Heil America

    3. Re:I am leaving the US by s4f · · Score: 2, Interesting

      Where would the world be today if, Albert Einstein hadn't "Quit", and left Germany in 1932?

      Where would the world be today if, Wernher Von Braun hadn't "Quit", and surrendered in 1945?

      Where would the world be today, if that sea dwelling mammal hadn't "Quit", and said, screw the water, I want to live on the land, back millions of years ago?

      -Shut your mouth, and open your mind!

  98. Re:backwards... by Catbeller · · Score: 2, Interesting

    An incomplete analogy.

    The Taliban were not refusing to give him up. They were refusing to give him up without some proof he was guilty.

    Bush could have given them the proof, but instead gave them a deadline.

    Here's a thing: the culture in that area respects hospitality towards guests as one of the highest duties a man has. They could not just hand the accused over to a lynch mob, not without some sort of fig leaf, anything at all, to establish his guilt.

    Had they been given proof, they might have handed the al Qaeda over without a qualm. Instead, Bush showboated to a scared U.S. and declared that the Taliban hand over the group, or die.

    Another part of the area's culture: they don't take threats of invasion well. They're kind of known for it. Ask the Russians.

    And we are not the police. There is international law in place to handle situation such as bin Laden and his murderers. We blew it off. We stepped outside all law, and cannot claim the protection of the law now.

    And as police, we pretty much suck. A wide open country, AND HE GOT AWAY.

    And I still don't understand what all this has to do with Taliban supporters in the U.S. Bush and company did business with the Taliban not two months before 9-11. They gave them 60 million US dollars.

    I don't see Bush locked up in a hole for six years. Isn't he a collaborator on a massive scale?

  99. Re:The Taliban is NOT Al Qaeda, thats the whole po by Catbeller · · Score: 2, Insightful

    None at all. And we slaughtered and tortured tens of thousands of people because we didn't want to observe the norms.

    It was a good excuse on their part. A bluff. We could have called it, and they would probably have given him up.

    Instead, we enthusiatically blew up and burned tens of thousands of people who had nothing to do with 9-11. We shot one of our own citizens, and left him in a dark coffin untreated for days. We watched Taliban members die in railroad cars, literally cooked to death.

    Proxy is the key word here. We wanted to kill someone to make ourselves feel better, so we've annointed proxies to kill.

    The real bad guys got away, but we don't care anymore. We cheer loudly at clips of our Afghan and Iraqi "victories" on TV, and laugh at bin Laden jokes on the Tonight Show.

  100. surely then by cassidyc · · Score: 2, Interesting

    The American government should arrest itself, it has been helping the Taliban for years before the 9-11 attacks... or is that all forgotten now?

  101. Feds Coerce Guilty Pleas by PizzaFace · · Score: 3, Insightful

    The Washington Post just ran a pair of articles on the Lackawanna Six and Jose Padilla, American citizens who got associated with bad guys. The Lackawanna Six (and John Walker Lindh and now Mike Hawash) pleaded guilty to avoid the fate that befell Padilla. When the government didn't have enough evidence to charge him with a crime, they simply designated him an enemy combatant and carted him off to a military prison, with no right to trial or to a lawyer. Hawash, Lindh and the Lackawanna Six chose prison, even though the evidence against them was weak, because the alternative was indefinite solitary confinement and possibly even a death sentence from a military tribunal. So how meaningful were their guilty pleas?

    We have laws in this country to punish treason, conspiracy, or any other crime these men committed. But citizens charged with those crimes have rights, like the right to be convicted by the government's evidence. So far, this administration has been unwilling to take the chance of letting a defendant exercise those rights.

  102. Re:Talaban != Government? by xenobyte · · Score: 2, Insightful

    The Taliban was a horrible regime, but they were not a threat in any way to the immediate security of the US.

    Are you insane or just plain dumb?!

    The Taleban provided both moral, financial and military support to a terrorist group (Al-Queda) that attacked US military (Pentagon) and civilian targets (WTC) without provocation or warning, killing thousands. Following the attack the Taleban refused to hand over the remaining terrorists hiding in their country, futher supporting the terrorists and thus proving that they form an alliance with the group that attacked the US, which makes them part in the war the Taleban started/declared by attacking the US.

    Remember that an attack on the military of another nation is a declaration of war in itself, and the Taliban clearly supported the actions of Al-Queda both before and after the attack, thus they declared war on the US. I hardly find it surprising that the US responded by taking the war they were forced into back to Afghanistan.

    Any regime/country actively waging war on the US is clearly a threat to the security of the US! - I think we're actually around the definition of 'threat to the security' here.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  103. Apples and Oranges by wass · · Score: 2, Insightful
    If you teach your friend to drive a car, and many years later he drives somewhere and kills someone, did you actually contribute to the murder?

    Did the CIA help him out after he admitted terrorist actions? No. But the Taliban did.

    Apples and oranges.

    --

    make world, not war

  104. Because seven years is better than Gitmo? by geekotourist · · Score: 3, Insightful
    Well, assuming in this case that he had access to a lawyer to tell him about Alford [something Padilla hasn't had access to: talking with a lawyer'd ruin his Stockholm-syndrome dependence on his interrogators- really, the gov't admitted this], the lawyer'd only tell him to do this if the lawyer was incompetent. He does have a lawyer, who probably told M.H. that he didn't have a choice. Why would the government allow Alford here? It would make the gov't look bad, and that isn't acceptable.

    Quoting from the [oft referenced here but should be re-read. If you can read it without fear, why?] article on Why the Lackawanna 6 pled guilty:

    "The federal government implicitly threatened to toss the defendants into a secret military prison without trial, where they could languish indefinitely without access to courts or lawyers.

    That prospect terrified the men. They accepted prison terms of 6 1/2 to 9 years.

    "We had to worry about the defendants being whisked out of the courtroom and declared enemy combatants if the case started going well for us," said attorney Patrick J. Brown, who defended one of the accused. "So we just ran up the white flag and folded. Most of us wish we'd never been associated with this case."
    Yup, thats the system I learned about in civics class:

    The government can choose to give you access to the Bill of Rights unless it really need you to be guilty. In that case the Posse'll just come on by to take you away. Oh, and when the BoR says that "persons" get these rights they really meant "upstanding uncriminal citizens-by-birth and taxpayers" so it doesn't apply to YOU.

    Can some biologist please, PLEASE gene-mod a frog so that it'll actually hang out in ever-warming water so that I can use that cliched, false but I still want to use it proverbial frog in a pot analogy now?

  105. Re:Exactly, he looks like a terrorist so arrest hi by hazem · · Score: 2, Insightful

    you're an idiot. read this and get your facts straight before you start to spout off. this is the plea agreement.

    I won't argue with you about being an idiot - it may very well be the case.

    All I was saying is that just because someone pleads guilty, that does not mean they were in fact guilty. There have been cases where people plead guilty becuse a prosecutor has scared them enough that they are not willing to risk going to court and being found guilty.

    I believe that in this case, the chances are pretty good that Hawash is indeed guilty. But, I also question the way he was held for so long with no access to family and lawyers. That should not happen in America.

  106. camo? suspicious? by RMH101 · · Score: 5, Funny

    I always look at people with buzz cuts and camo suspiciously. I don't *do* anything though. That would be dumb. They're the army...

  107. Re:Furthermore... by jgalun · · Score: 4, Informative

    It is a well-debunked myth that the US gave money to the Taliban before 9/11. See, for example:

    http://www.spinsanity.org/columns/20011008.html

    The US gave money to NGOs (humanitarian organizations) working in Afghanistan, not to the Taliban. Before 9/11, only 3 countries even recognized the Taliban, and the US was not one of them.

    As for the UNOCAL pipeline myth, while it is true that there were such negotiations, they did not involve the US government, and occurred in 1999 - you know, before Bush was in power:

    http://news.bbc.co.uk/2/hi/business/1984459.stm

    Jesus, people, try to check facts a little before you post, or mod.

    The funny thing is, people were claiming that the war in Afghanistan was about oil, yet their only argument for that claim was that the US wanted this pipeline. Two years later, where's the pipeline?

    Now people are claiming that the US invaded Iraq to get its oil. Yet oil production remains below pre-war levels, and the first shipment of oil did not go just to US firms, but was split with European firms as well (include France's TotalFinaElf).

  108. Re:Talaban != Government? by Alex+Belits · · Score: 3, Insightful

    Yes, Amerika is Savage and Evil (tm)! That's why with the ability to literally snap its fingers and destroy the entire planet or any portion (Country) thereof, it never has.


    So can any country that possesses nuclear weapons, such as France, Russia, or China. Or even India. If someone did not notice, government of any of those countries is either few keypresses, or few months of missile-building away from turning Washington, DC and NYC into two holes in the ground, not to mention various other nasty things that can be done with existing nuclear weapons. I don't see any of those countries demanding to be treated as The Owners Of The Earth, or randomly attacking the rest of the world.

    --
    Contrary to the popular belief, there indeed is no God.
  109. Re:Talaban != Government? by davecl · · Score: 3, Informative

    The man said those that trained Bin Laden should indeed be punished. Oh wait, that would be the CIA .

    The word was 'trained' not 'funded', and I don't know anyone who is denying that the CIA trained him.

    So please address the point that was made, not the one you'd like to answer.

  110. Who's next? by Rogerborg · · Score: 2, Insightful

    Ronald Reagan? He aided the Taliban. In fact, he even called them "the moral equivelant of [America's] Founding Fathers". The filthy traitor.

    Since we're at war with the Taliban / al Quada, it follows that we've always been at war with the Taliban / al Quada, just as the Russians have always been our friends and allies in our holy war against te'er, right?

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Who's next? by elefantstn · · Score: 3, Informative

      Can we please stop modding up posters with zero knowledge of history or current events? Ronald Reagan compared the anti-Soviet mujahedin to the Founding Fathers, not the Taliban. The Taliban didn't even exist when he made that statement. Some members of the Taliban undoubtedly also served in the mujahedin, but to say they're equivalent is like saying Robert E. Lee's army was the equivalent of George Washington's.

      Please, read something other than anti-Bush screeds before you post.

      --
      If it ain't broke, you need more software.
  111. Re:Talaban != Government? by Oddly_Drac · · Score: 2, Interesting

    "Repeat after me: The CIA never funded Osama bin Laden."

    No, they didn't give him used non-sequential bills, but you may have heard about a travelling group of troubadours called the 'Hezbollah' who were quite active during Soviet occupation of Afghanistan during a period in history called 'the cold war'...something that all sides lost because of the number of interested parties that were left holding guns without income. The Hezbollah were supplied and funded from 'the west'.

    Which raises an interesting point, who sold arms to Afghanistan?

    --
    Oddly Draconis
    Too cynical to live, too stubborn to die.
  112. Re:backwards... by Brolly · · Score: 2, Insightful

    It was money provided through a United Nations aid program for food. Let's not misrepresent facts, alright?

  113. More detailed local story by ahess247 · · Score: 2, Informative

    Ditch the link to Foxnews and read this story on the case from The Oregonian, the local paper in Portland.

  114. Re:I don't understand what that means by kableh · · Score: 2, Insightful

    Cultural, like being American? After all, America was found guilty of committing terrorist acts in Nicaragua.

    So YOU stop being a dope, dumbass. Extremism can happen in any culture, just ask the folks in Oklahoma if you don't believe me.

  115. Re:War? When was war declared? by gaijin99 · · Score: 2, Insightful
    Whether you know it or not, we (The USA) is in a state of WAR, and some things done in times of War to protect National Security are better-off than the bleeding-heart liberal/pinko demands of "full disclosure".

    I'm not the guy you were replying to, but you seem to have some facts wrong. The USA is not in a state of war; no war has been declared by Congress since WWII, so we haven't been in a state of war for nearly 60 years.

    Moreover your basic argument is completely wrong. In times of war, in times of danger, that is when we MOST need our civil liberties defended. These are the times when a free and open government is most essential to our very survival. Freedom is not a luxury that we cast aside when times get tough, it is the very thing that allows our country to live at all. Freedom is not an impediment to our society, our survival, or our government, it is the very basis of all three.

    If soviet style government works so well, why is the Soviet Union now vanished, while we stand strong? The truth is that secret police, hidden trials, and so forth simply don't work. If they did we'd have been the government that fell, not the Soviet Union. Do not fool yourself. The "pinkos" aren't those demanding that the US government obey the law, but those in the government trying to destroy our civil liberties.

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
  116. Re:Might is right by pauldy · · Score: 2, Insightful

    Are you trying to make some kind of enlightening post on the state of our country and how bad it is. If you do not like it then maybe the country is not the problem you are. Or maybe your right and the United states is full of about 300 million lemmings and one free thinker, you. Wake the f up and realize although you have been taught to question what goes on around you and your not able to understand everything every one is doing it doesn't mean if you didn't set it in motion it is bad or evil.

    I cannot believe so many slashdoters feel like our government is somehow inferior because of its faults. Then they turn around and gloss over the faults of other countries. Is there some unwritten law that technophiles must be either anti-socials or anti-America.

  117. Two women on the list? by Lester67 · · Score: 2, Insightful

    I guess once you have your education, it's OK to support a religion that stops all other women from getting theirs?

    I guess anything to make big, mean, nasty America pay for the atrocites against Allah.... like tall buildings and shaved faces.

  118. Is that a troll in your pocket...? by Beltway+Prophet · · Score: 2, Insightful

    Even as a critic of Israel, I have to voice my dissent with THAT.

    Difference 1: the Israelis aren't blowing up the holy sites of other religions (in fact, it has only been under Israeli stewardship that all three religions which claim that land as a holy place have had access to their own holy sites)

    Difference 2: the Israelis aren't forcibly converting the masses to Judaism, and in fact teach evolution in schools, unlike the Taliban or, heck, Kansas.

    Difference 3: the Israelis aren't stoning adulterers or crunching gays under walls (though clearly they have human rights problems of their own, including collapsing houses on people, but they are in fact still fighting a war with the Palestinians, and not meting out death as punishment through the legal system*)

    Difference 4: Israeli women can work, wear whatever they like, learn to read, get an M.D., be Prime Minister (and leave the fscking house, for crying out loud), even though this is not in accordance with right-wing Orthodox Judaic beliefs.

    Difference 5: Israel is not ruled by the iron grip of religious fundamentalism. It is a parliamentary democracy, like Britain and Canada. Israeli Arabs do, indeed, vote. The "Jewish" in "Jewish State" comes from its judicial system, which does base its decisions on Jewish law, but just as in the United States and other Western nations, there is a separation of power between legislation and the courts.

    Difference 6: Israelis protest against their army's actions, and aren't hanged, stoned, shot, or maimed for doing so.

    Should I go on?

    * There is only one death penalty in Israel, which is reserved for Nazis.

  119. Re:Taliban=Mujahideen=Freedom Fighters? by pauldy · · Score: 2, Insightful

    Sounds pretty logical to me. Is there some underlying method to your madness or are you simply pointing out the obvious.

  120. Re:Furthermore... by b-baggins · · Score: 2, Insightful

    How do you know US bullets did that? You were aware, right, that we bullhorned them to surrender. You do realize that they started firing RPGs and lots of bullets at our troops first, right? You do realize that any "civilian" would have gotten their butt out of there as fast as they could have once the soldiers started showing up, right?

    You do realize there is a moral difference between deliberately targeting civilians and accidentally hitting civilians while engaging military targets, right?

    --
    You can tell a great deal about the character of a man by observing those who hate him.
  121. Yeah, it's terrorism by siskbc · · Score: 4, Insightful
    This guy simply wanted to go home, and protect his country from what he viewed as US aggression.

    The Taliban is not a country. In fact, the Taliban has never been a country. They were not generally, in fact, Afghani - many (I believe most) were foreigners who simply took over, as 1) Afghanistan wasn't able to resist, and 2) they wanted a country in which to practice the most extreme version of Islam. So it would be a mistake to assume there was hardly anyone in Afghanistan who voluntarily supported the Taliban.

    Second, this guy was Palestinian as pointed out. So he's not defending a country - he's committing acts of aggression against a country he does not like by aiding an extremely violent terrorist regime with a history of targeted violence against civillians.

    That's terrorism in pretty much any book.

    --

    -Looking for a job as a materials chemist or multivariat

  122. NO! NO! NO! and NO! by Anonymous Coward · · Score: 3, Interesting

    I'm sorry, but the man took an oath of citizenship when he became a naturalized U.S. citizen. At that point "his country" became the United States of America. Attempting to assist the enemies of one's country in a time of war is NOT considered honorable in most instances and particularly not in this case. I will agree with you that those actions are not those of a terrorist. Rather, his actions would be more appropriately characterized as "treason".

  123. Re:Cause, effect, cause, effect by Moridineas · · Score: 2, Informative

    My basic opinion is that warlordism has always been in Afghanistan, and it's not going away any time soon.

    If you're asking my opinion of the US involvement me in the 1980's it is this. We shouldn't have done anything. The Afghans would have kicked the Russians out anyway. Look at the British in the 19th century--one of the best armies ever created, organized, and completely willing to kill. They got their butts kicked out of Kabul with TERRIBLE losses, civilian and otherwise. The poem I think it's "Go to your God like a solider" by Kipling shows a little bit about what Afghanistan was like.

    Anyway though, I also think that it was a mistake to not attempt to rebuild Afghanistan after our involvement. But look at the situation now. It's an uphill battle. It would have been no better then (if not impossible due to Russian control of Central Asia), and let's face it, it's not terribly in the US interest to rebuild a country that's probably never going to be worth shit. (miserable climate, landlocked, few resources, tribalism and warlordism, etc).

    Also, I do agree that Afghanistan was never important--this was just a proxy battle between the US and Russia. Well actually, Afghanistan WAS important to Russia. Oh good, I'm glad I remembered to talk about this. What's the reason Russia invaded Afghanistan? No one seems to ask this (thinking it obvious?) myself included, and the reasons that I have found are that Afghanistan even then was such an unstable country and radical that it was creating problems for Russia in the relatively docile Central Asia states (those would be the "Stans"--turkmenistan,uzbekistan,kyrgyzstan,tajiki stan, khazakhstan...and if you want some more etymology, in Farsi (Persian) the "blank of blank" construction is called an Idafa and goes "Blank-i Blank". 'Uzbek-i Stan' is Land of the Uzbeks. "Afghan-i Stan" is land of the Afghans.

    Back to the Russians, the Russians felt it was in their best interest to invade Afghanistan (like I mentioned earlier, a country with basically NOTHING worth invading for--other than the bountiful poppy fields ;)). The US sees this as perhaps a restart of Soviet aggression. Who comes next? Iran?

    tough questions, and of course now we have hindsight..

  124. Slashdot moderation in action by jamesmrankinjr · · Score: 5, Insightful

    Slashdot for you. The factually false post bashing the US gets +4 Interesting, while the corrections pointing out facts that put the US case in a more favorable light get no higher than +2.

    Figures.
    -jimbo

  125. Re:Exactly, he looks like a terrorist so arrest hi by Directrix1 · · Score: 2, Interesting

    No it frightens me that our government passes the Patriot act, and nobody realizes that they now have very few rights. And it frightens me how now we have little recourse for governmental reform without being considered a "terrorist".

    --
    Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
  126. Re:Or Mayby he *REALLY IS* a terrorist by Anonamused+Cow-herd · · Score: 2, Insightful
    The parent is possibly the most idotic slashdot post I have ever read -- and that goes a long way. The first sentence is the only one that even begins to make sense -- but that is the general flavor of the entire story! Of COURSE he might be guilty if convicted, duh.

    And then, after that, we hear "he looks like a terrorist(as laughable as that idea is)! He must support terrorism! Kill him!"

    Let's turn the tables for a second: What if I had gone to live in China after marrying someone there, and had become a citizen. Let's also assume that I am originally a citizen of Canada (to establish the Pakistan-Afghanistan type of relationship). Then, out of anger at sanctions, China declares war on the U.S. The Chinese start doing all sorts of stuff to Americans in that country that are outside global human rights' agreements, and grossly immoral from almost any view. All over the world, similar views are being adopted, and it seems as if the Asians of the world are out to eradicate everyone who is, say, white and North American. I might be kinda pissed off -- maybe I'd even go to America and try to join the army, to protect my own and my family's right to freedom and non-discrimination. Doesn't sound so crazy, I think.

    And finally, here is a great point: He obviously didn't care THAT much. After being turned away from Afghanistan, it's not like he went nuts and started shooting the border patrol. He didn't even DO anything. If he'd been that upset, he would have not come home to the U.S., but instead waited for an opportunity to get into Afghanistan.

    In fact, I find it deplorable that we can even convict him of anything. He was going to go to a combat area to fight -- it's not terrorism. If he wanted to fight for what he believed is right in a way that doesn't involve non-combatants, I don't think that is terrorism in any way, shape or form. Instead, it's the most American way of voting possible, the same way the Revolutionaries voted. Though faced with impossible odds and nothing but his own ideals, "Mike" was willing to lay down his life for what he believed in sanctioned military conflict. Though he didn't get a chance to act upon those ideals, I would find it hard to believe that anyone could label such action criminal.

    --
    -----[0_o]-----
    We are not amused.
  127. Re:Exactly, he looks like a terrorist so arrest hi by tidge · · Score: 3, Insightful

    He's not JUST pleading guilty. He's pleading guilty and providing information/evidence against the other six. Which tells me he was probably involved somehow.

    That said, I still think the way he was treated is bullcrap. Guilty or not, some of his rights that we have (supposedly) guaranteed to us in this country were taken away. Sure a lot of people will say "He was guilty, who cares." Yeah, a lot of people don't care until one day maybe they get falsely accused, get snatched up, and aren't given the rights of the accused that is expected. I can't find the part in the constitution that talks about "If it's a matter of national security, then we rewrite the rules."

  128. Re:Talaban != Government? by IceAgeComing · · Score: 2, Informative

    Actually, the CIA can be blamed for not thinking about what would happen after they secretly supplied hundreds of millions of dollars in arms and training to the radically Islamic groups in Afghanistan.

    It was the greatest CIA covert success in history, but the CIA then forgot about all those weapons and training and the ideologies controlling them. They can most certainly be blamed for that.
  129. Re:Shadow of a doubt? by John+Harrison · · Score: 2, Informative
    Sorry, you are wrong. In the USA the burden of proof for a criminal case is reasonable doubt. For a civil case it is a preponderance of the evidence.

    The "shadow of a doubt" standard could almost never be met. A shadow of doubt is very easy to cast.

  130. It is unfortunate by Gay+Nigger · · Score: 2, Insightful

    That Intel would be employing Middle Easterners, much less the Terrorists themselves. They can kiss my business goodbye - never again will I buy a chip from a company that employs those later found to be complicit in international terrorism.