ASHINGTON, Nov. 27 ?Faced with growing criticism over his
refusal to identify people jailed since the Sept. 11 attacks,
Attorney General John Ashcroft today provided for the first time the
names of 93 people charged with crimes arising from the government's
investigation.
Mr. Ashcroft also released an accounting of the 548 people, most
from Middle Eastern countries, who remain in custody across the
United States on immigration charges that arose in the terror
investigation. But that list included only the nationalities and the
charges ?not the names.
Still, today's announcement was the Justice Department's most
detailed disclosure about the people who have been arrested in the
terror investigation, and it follows several days of harsh criticism
by elected officials, civil libertarians and others of the
government's tactics.
Mr. Ashcroft spoke a day before the Senate Judiciary Committee is
to begin hearings into the government's law-enforcement efforts,
including the detention of hundreds of people on immigration charges
and the continuing interviews of 5,000 Muslim men.
The committee's chairman, Senator Patrick J. Leahy, a Vermont
Democrat, has been among the most persistent critics of Mr.
Ashcroft's tactics, and the attorney general's comments today seemed
intended to deflect some of the criticism the Bush administration is
likely to face.
Mr. Ashcroft, who is expected to testify before the committee
next week, insisted that rights have been protected. "While I am
aware of various charges being made by organizations and individuals
about the actions of the Justice Department," he said, "I have yet
to be informed of a single lawsuit filed against the government
charging a violation of someone's civil rights as a result of this
investigation."
Of the 93 people named as criminal defendants, about 60 are in
custody, a Justice Department list indicates. The others have been
released on bond or are being sought. None have been charged with
terrorism or involvement in the Sept. 11 attacks.
Most of the charges are relatively minor, like credit card fraud
or making false statements when applying for passports. One man,
Souhail Sarwer, is a fugitive wanted on charges of credit card
fraud.
But Mr. Ashcroft pointed to several who seemed to have links to
the 19 men suspected of hijacking the four planes used in the Sept.
11 attacks. One man, he noted, was charged with helping two of the
suspected hijackers obtain fraudulent identification cards, while
the names of two other men were found in a car left by another
suspected hijacker at Dulles International Airport.
One of the men whose name was found in the car, Osama Awadallah,
a 21-year-old college student, was granted bail today in New York by
a federal judge who questioned the strength of the government's case
against him. Mr. Awadallah has been charged with lying before a
grand jury when he denied knowing Khalid al-Midhar, one of the men
suspected of hijacking the plane that crashed into the Pentagon, and
prosecutors had sought to hold him without bail.
But the judge, Shira A. Scheindlin of Federal District Court in
Manhattan, ruled that he could be released on $500,000 bond, saying,
"this defendant is charged with making false declarations ?not with
terrorism, or aiding and abetting terrorism, or conspiring with
terrorists."
The identities of many of the 93 people had already been
released, including the 22 men charged in October with obtaining
fraudulent licenses to drive commercial trucks loaded with hazardous
materials. Most of those men were charged in Pittsburgh, and remain
in custody.
While providing the new numbers and details, Mr. Ashcroft
continued to withhold the identities of 548 people arrested for
immigration violations. He said he was required to release only the
names of those charged with criminal violations, except for 11
people whose arrests have been sealed by a federal judge.
Mr. Ashcroft said that some of the 600 in jail were members of Al
Qaeda and that their arrest had probably foiled additional attacks.
He would not say how many or give their names, but law enforcement
officials suggested they were mostly the 11 held under seal, mostly
in New York.
Mr. Ashcroft asserted that the law allowed him to withhold the
names of those charged under the immigration code. They were
identified in a separate list only by their places of birth, the
immigration violations they are charged with and the dates they were
arrested. Of the 548, the greatest number, 208 were from Pakistan
with the next largest group, 74, from Egypt.
Mr. Ashcroft seemed irked with the complaints about the Justice
Department's withholding details. He said he was not releasing the
names of those charged with immigration violations because that
would aid Osama bin Laden by revealing which associates were in
custody.
"I am not interested in providing, when we are at war, a list to
Osama bin Laden and the Al Qaeda network of the people we have
detained that would make any easier their effort to kill Americans,"
Mr. Ashcroft said.
"We might as well mail this list to the Osama bin Laden Al Qaeda
network as to release it. The Al Qaeda network may be able to get
information about which terrorists we have in our custody, but
they'll have to get it on their own."
On Monday, he had said he would not release the names of those
arrested because it would violate their privacy rights and would
damage their reputations by putting them on a kind of blacklist.
Mr. Ashcroft's actions today did not appear to silence some
critics. Senator Russell D. Feingold, a Wisconsin Democrat and
member of the Judiciary Committee, said, "While I appreciate the
Justice Departments finally providing a rough estimate of the number
people who are currently in detention, I continue to be deeply
troubled by its refusal to provide a full accounting of everyone who
has been detained and why."
Mr. Feingold said the administration's stand on releasing
information on the detainees was part of a larger problem involving
plans for military tribunals and authorizing eavesdropping on
conversations between some lawyers and terrorist suspects.
Mr. Ashcroft today sought to portray the administration's actions
as well aimed at what he said was the government's greatest
priority, preventing future terrorist actions.
"We are standing firm in our commitment to protect American
lives," he said. "The Department of Justice is waging a deliberate
campaign of arrest and detention to protect American lives, and
we're removing suspected terrorists who violate the law from our
streets to prevent further terrorist attack. We believe we have Al
Qaeda membership in custody, and we will use every constitutional
tool to keep suspected terrorists locked up."
He said all of those detained had access to a lawyer and were
able to contact their families.
Ten to 15 defendants are being held as material witnesses, with
most in a federal detention center in New York. Among them is
Zacarias Moussaoui, a 33-year-old French citizen of Moroccan descent
who was arrested in Minnesota on Aug. 17. Senior Bush administration
officials are debating whether to make Mr. Moussaoui the first
person to be tried on terrorism charges before a military
tribunal.
The group also includes Nabil al- Marabh, a former Boston
cabdriver whom an informer linked to Mr. bin Laden, and Ayub Ali
Khan and Mohammed Azmath, who were carrying box cutters and at least
$5,000 in cash when they were arrested aboard a train in Texas on
Sept. 11.