Audit OKs Justice Department’s use of ‘material witness’ detention powers | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

Courts & Crime

Audit OKs Justice Department’s use of ‘material witness’ detention powers

By Michael Doyle - McClatchy Washington Bureau

September 04, 2014 12:07 PM

Justice Department investigators have largely given a thumbs-up to the department’s use of its powerful ‘material witness’ detention powers.

In a 106-page report, the department’s Office of Inspector General closely examined 10 cases in which 12 individuals were held under the statute that allows arrest and detention of a person whose “testimony is material in a criminal proceeding.”

Despite some controversy over the detention proceedings, the OIG auditors concluded officials used the statute in international terrorism proceedings “relatively rarely,” with a “stark decline” since 2004.

The review “did not find sufficient evidence to conclude that the department misused the statute in international terrorism investigations.” The review also failed to find proof that officials used the material witness detention as a pretext to hold individuals around whom there was suspicion but no proof.

“Although officials sometimes had mixed motives for detaining a witness,” the OIG auditors stated, “a genuine and significant interest in securing his testimony appeared to be present in each case.”

A far more critical view of the material witness detention practice, which came into public view following the 9/11 terrorist attacks, was previously authored by Human Rights Watch.

ACLU attorney Lee Gelernt, who represents Abdullah al-Kidd, who in 2003 was arrested and imprisoned under harsh conditions for more than two weeks, called the OIG report a “whitewash.”

“Although the report finds fault with the FBI in its handling of the al-Kidd case, it overall is a complete whitewash of the government’s serious abuse of the material witness statute. This powerful tool should only be used to secure testimony in rare cases, not as a backdoor to profiling and preventively detaining innocent people,” Gelernt said in a statement.

The conditions of confinement were appropriate and lawful, the OIG auditors concluded, and procedural safeguards “worked as intended to limit a material witness’s time in detention.” The auditors further concluded officials were “selective” in their use of the tool that “carries the potential for abuse,” and that officials were “credible” in how they characterized the material witnesses.

Read Next

Courts & Crime

Trump will have to nominate 9th Circuit judges all over again in 2019

By Emily Cadei

December 28, 2018 03:00 AM

President Trump’s three picks to fill 9th Circuit Court vacancies in California didn’t get confirmed in 2018, which means he will have to renominate them next year.

KEEP READING

MORE COURTS & CRIME

Criminal Justice

Ted Cruz rallies conservatives with changes to criminal justice reform plan

December 06, 2018 01:51 PM

Congress

Kamala Harris aide resigns after harassment, retaliation settlement surfaces

December 05, 2018 07:18 PM

Congress

Felons may be back in the hemp farming business

December 05, 2018 04:08 PM

Investigations

‘This may be just the beginning.’ U.S. unveils first criminal charges over Panama Papers

December 04, 2018 07:27 PM

Criminal Justice

How a future Trump Cabinet member gave a serial sex abuser the deal of a lifetime

November 28, 2018 08:00 AM

Criminal Justice

Texas oilman Tim Dunn aims to broaden GOP’s appeal with criminal justice plan

November 20, 2018 04:25 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service