Letter

Letter to Attorney General Ashcroft Expressing Concerns on Lack of Information on Persons Arrested or Detained Since September 11 Attacks

Document Date: October 17, 2001

The Honorable John Ashcroft
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001

Dear Mr. Attorney General:

We are writing to express our concern regarding the lack of information provided by the Department of Justice about the hundreds of individuals who have been arrested and detained since September 11th, and by the apparently unprecedented use of secret proceedings, gag orders and material witness warrants as part of the government’s investigation of the September 11th terrorist attacks. We are also deeply troubled by the growing number of reports that at least some detainees have been impeded in their ability to contact lawyers and family members. We are compelled to rely on press reports in significant part because of the lack of official information from the government. These reports, if accurate, raise fundamental due process issues that we hope the Department will promptly address.

According to a front-page story in The Washington Post on October 15th, for example, at least some of those detained have apparently had only “limited access” to lawyers and no contact with their families. In an October 15th article, the Los Angeles Times reported that immigration officials in Wisconsin, Illinois and Indiana “cut off” all lawyer visits and phone calls for detainees for a full week after the attacks, apparently based on a misunderstood directive. And according to today’s Los Angeles Times, four more cases have “surfaced in which young men allegedly are being kept from their attorneys and confined in jails without proper food or protection.” An earlier Washington Post story indicated that as many as 400 of those detained have been cleared of any connection to terrorist activity; yet, the government was apparently unwilling to disclose how many of those are still in detention.

The ACLU recognizes that some aspects of this important investigation are necessarily and appropriately confidential. However, in our view, that does not include such basic facts as the number of people in jail, the basis on which they are being held, and the scope of any secrecy orders that have been entered. Specifically, we believe the following information can and should be released to assure the American public that the government’s investigation is both thorough and fair. Furthermore, this information can and should be updated on a regular basis.

  • How many people have been detained by the federal government since September 11th as part of its terrorism investigation? How many are now being detained? What is the nationality and/or ethnicity of those initially detained and those still in detention?
  • What are the criteria that the government is using in requesting secret proceedings or the entry of gag orders? Is the government insisting on secret proceedings in every case? How many gag orders have been issued and what is their scope?
  • On what basis have individuals been detained so far? Specifically, how many have been held on immigration charges? How many have been held on criminal charges (whether federal, state or local)? How many have been held as material witnesses? Are there individuals being held on other grounds?
  • What is the maximum time that anyone is held before charges are filed, and how quickly are detainees brought before a judge to review their detention?
  • Do counsel have access to the detainees, regardless of the basis of detention, and both before and after the filing of charges? How many of those remaining in detention are represented by lawyers?
  • Of the total number detained since September 11th, how many have been charged with terrorism or terrorist-related activities? How many have been cleared of any connection to terrorism? How many of those cleared of any terrorist connection are still in detention, and on what basis?
  • In how many cases has the government relied on secret evidence, undisclosed to either the detainee or the detainee’s counsel?
  • What is the government’s policy regarding the release of material witnesses who have testified before the grand jury or whose testimony can otherwise be preserved? Is there any limit on the time that a material witness can be detained without the filing of charges?

    We look forward to your response.

    Sincerely,

    Anthony Romero
    ACLU Executive Director

    Steven R. Shapiro
    ACLU Legal Director

    Lucas Guttentag
    Director, ACLU Immigrants’ Rights Project

    cc: Robert Mueller, Director of FBI
    James Ziglar, Commissioner of INS
    Laura W. Murphy, Director, ACLU Washington National Office

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