May 25, 2004
The Irony Of Brandon Mayfield
FBI Hands Portland Second Chance To Oppose Abuse Of Power
Despite our relatively copious coverage of last year's at-the-time controversial detention of Mike Hawash, we haven't offered any coverage of the even-more controversial detention -- and eventual release -- of Brandon Mayfield.
First, the current crop of links in the wake of Mayfield's release and the FBI's mea culpa. Today's Oregonian covered his release and that apology as well as Mayfield's arguments that he and his family were the subjects of "sneak and peak" surveillance under the authority of the USA PATRIOT Act.
Meanwhile, the Associated Press examined the use of the material witness statute in this case, as did OPB News.
Also from the Associated Press was a rundown of the "evidence" used to secure Mayfield's detention in the first place, which are taken from the original FBI arrest affidavit (pdf) -- which is where we want to come into this story. This from the AP rundown:
There was his conversion to Islam. An Egyptian wife. Her phone call to an Islamic foundation. A business directory listing in a "Muslim yellow pages." A client later convicted as a terrorist.
...
Mayfield did indeed attend the Bilal Mosque, which is near his home and one of only a handful in Portland, but has been a target of FBI surveillance.
None of which is against the law -- but all of which the United States government mixed together with an erroneous (read: completely botched) fingerprint match in order to flex its muscle under the material witness statute and take Mayfield out of his normal everyday life and incarcerate him with criminals despite his not being charged with any actually crimes.
Long-time readers know that our own issue with last year's Hawash detention wasn't that we believed him to be innocent. In fact, we had no particular view on that count. Instead, our issue was with the use of the material witness statute, and with the fact that the investigation against him apparently had been prompted by problems his neighbors had with him appearing and behaving like a Muslim.
Of course, Hawash's guilt distracted everyone from the underlying issues of whether or not the government properly made use of its considerable post-9/11 powers.
Fortunately for us -- although quite obviously unfortunately for Mayfield -- the United States government felt compelled to march right back into Portland, perhaps flush with its victory in the Portland 6/7 case of which Hawash was a part -- and proceeded to wave around the PATRIOT Act and the material witness statute as the rubber stamps many of us feared they would inevitably become.
We're not sure how this story is playing elsewhere in the country. But the use of severe law enforcement powers against an innocent man received signifcant play on last night's KGW late-night newscast, and was the front-page, above-the-fold banner headline on this afternoon's Oregonian street final. Hopefully, that focus will spread.
Many of those who were certain that Mike Hawash was innocent were of course dismayed that they didn't get their poster child for the post-9/11 abuse of law enforcement powers.
While Brandon Mayfield himself likely wishes that fate had not thrown him into that role, we would like to offer up our own thanks to the United States Department of Justice for handing Portland -- on a silver platter, no less -- an apparently clear-cut case of the sacrifice of freedom upon the altar of security.
Comments (9)
doretta on 25 May 2004
I'm not at all sure we aren't sacrificing our freedom for LESS security.
I certainly don't feel safer for the two weeks Brandon Mayfield spent in jail.
Finding terrorists and interrupting their plots is hard. We can't afford to let our security resources get drawn into investigating or jailing political dissidents or random Muslims--it tempts them because it's so much easier than catching criminals or sniffing out real terrorists.
We might well find that while we focus on people who pray a lot or attend anti-war rallies people carrying explosives are boarding our trains or strolling through our malls.
The One True b!X on 25 May 2004
I just spent an hour deconstructing the anti-Muslim smears of the FBI affadavit and then lost the post. It was a very good post, but there's no way I have the energy to reconstruct the thing.
Jeff on 26 May 2004
Yeah, and do you think Reinhard's going to weigh in again on Mayfield's "Muslim beard." I mean, wasn't that reason enough?
brett on 26 May 2004
> Of course, Hawash's guilt distracted everyone from the underlying issues of whether or not the government properly made use of its considerable post-9/11 powers.
I cannot fucking believe I just read this. "Distracted" everyone?? So the important thing wasn't that the guy was guilty, it was the government's actions? The fucking guy was a terrorist who plotted to blow up the MJCC on Capitol Highway, where I used to work! He had phone conversations about beheading Jews and non-Muslims! He tried to travel to Afghanistan to fight against THIS COUNTRY! And you have the nerve to complain about the conduct of the law enforcement agencies who caught him? You should be thanking them that they caught this son of a bitch before he was able to hurt someone.
The One True b!X on 26 May 2004
So the important thing wasn't that the guy was guilty, it was the government's actions?
I never said it wasn't important that he was guilty. I said that ithe ways in which we catch people are important. Or at least, in a free society, they are supposed to be important. What country do you live in? I live in America.
brett on 26 May 2004
> What country do you live in? I live in America.
That's a very Rush-esque thing to say. Of course the ways we catch people are important; but it's also important *that* we catch people. What, exactly, about the Hawash case was wrong? That the government suspected him of being a terrorist? That they wiretapped his phone? That they searched his house? I would submit that those are all perfectly valid techniques in this war.
> the PATRIOT Act and the material witness statute as the rubber stamps many of us feared they would inevitably become
I dare you to go before Judge Jones and accuse him of "rubber-stamping" warrants. I guarantee you he'd have some comments.
John Bartley K7AAY on 27 May 2004
If it matters to Oregonians, it's in the Register.
It's amazing how the Oregonian can't, or won't, connect the dots. This Les Zaitz front page, above-the-fold story completely ignores the local fingerprint FUBAR in which two innocent Oregon men were mis-identified by fingerprint equipment just adopted by Homeland Security under a sole-source (i.e., no competitive bidding) procurement. One was beaten and spent over six weeks in jail, and the other's business was ruined, but neither was mentioned.
It also does a poor job of discussing the growing scientific distrust of the 'uniqueness' of fingerprints
More details on the story here.
Bill on 05 Jun 2004
Here are my thoughts on this matter:
Just what are the odds (that the FBI is telling the truth)?
Bill on 05 Jun 2004
Here are my thoughts on this matter:
Just what are the odds (that the FBI is telling the truth)?