Witness to Abuse - Human Rights Watch

whom were immigrants, from the suspicion that was being cast upon them in the wake
of September 11. According to Menepta:
After the press talk, the FBI approached me. They told me: “We’d like
to ask you a couple of questions. Will you meet us?” I told them sure.
I met them outside the subway with [my son]. They told me: “It is in
your best interest that you cooperate.” I said I’d be happy to. … They
ended the interview by telling me: “We will get back to you with
questions and thank you for cooperating.”
The agents were really friendly. I went voluntarily. They asked whether I
had any travel plans. I told them I don’t have any now. I was working.
They asked to meet again. 235
Menepta met with the agents for three more interviews before more than twenty agents
arrested him at his workplace. 236 In court, the Justice Department argued that Menepta
was not likely to respond to a subpoena because the government had already arrested
him and executed a search warrant on his premises. Then, U.S. attorneys argued that
because their actions may have upset Menepta, he would not appear in court. His lawyer,
Susan Otto, characterized the government’s arguments as an illogical “round robin
bootstrap.” 237 The federal prosecutors further argued that there was additional national
security evidence that it could not disclose that showed Menepta was a flight risk.
Otto said the court, somewhat reluctantly, deferred to the government’s flight risk
assessment given the national security argument. The government held Menepta as a
material witness for five weeks. He was later charged with unauthorized possession of
firearms found during the search of his home.
Faisal al Salmi
The Justice Department acknowledged how cooperative Faisal al Salmi, a Saudi national
and legal immigrant, was before he was arrested as a material witness. According to the
FBI, when agents approached al Salmi on September 18, 2001, he voluntarily invited the
agents into his home. He later went to the FBI offices and agreed to be interviewed. He
235
HRW/ACLU interview with Mujahid Menepta, St. Louis, Missouri, July 22, 2004.
236
Ibid.
237
Interview with Susan Otto.
HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 72