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Translator to remain in jail as judge considers evidence
BOSTON, Massachusetts (CNN) -- A civilian translator accused of lying to federal agents about carrying secret documents from the prison camp at Guantanamo Bay, Cuba, will remain in jail while a federal magistrate decides if the U.S. government has probable cause to prosecute him. U.S. immigration officials arrested translator Ahmed Mehalba on September 30 at Logan International Airport in Boston after agents found him carrying a CD-ROM and paper documents allegedly related to detainees at Guantanamo Bay. Mehalba has denied knowing how classified documents were put on his disk. He is charged with knowingly and willfully making materially false, fictitious or fraudulent statements or representations. That charge carries a penalty of up to five years in prison upon conviction. At a hearing Wednesday in Boston, FBI agent John Van Kleeff testified that Mehalba was carrying a computer disk with 368 files marked secret. Van Kleeff said Mehalba did not have authorizing documents that would have allowed him to be in possession of those files. Mehalba, when asked if he had any secret documents or classified material from Guantanamo, repeatedly said no, according to the agent. "We showed him the first six pages of a 56-page document," said Van Kleeff, and his response was, " 'How did these get on my disk? I had no idea.' " Van Kleeff said that a list of documents on the disk was in Mehalba's handwriting. Outside the court, Michael Andrews, Mehalba's attorney, told reporters that his client had fully cooperated with agents and that "he wasn't lying if he didn't know the files were on the disk." Van Kleeff also said that in subsequent interviews Mehalba told agents he had sold a personal computer he had used at Guantanamo Bay. The FBI had retrieved that computer, Van Kleeff said, and had found five classified documents on the hard drive of the computer, located next to Mehalba's resume. Assistant U.S. Attorney Michael Ricciuti told U.S. Magistrate Charles B. Swartwood that the evidence suggests Mehalba had interim secret clearance. But Ricciuti said that Mehalba was advised the disclosure of the information was illegal and that his statement he did not know he had secret information was false. The handwriting on the disk was his and more than half the documents on the disk were classified, Ricciuti said. Swartwood said he would take the case under advisement and rule later. Mehalba is a translator working for Titan Corp., a San Diego, California, firm that describes itself as "a leading provider of comprehensive information and communications products, solutions and services for national security." The Department of Homeland Security said Mehalba is a naturalized U.S. citizen of Egyptian descent. He had arrived at the Boston airport from Cairo, Egypt, via Milan, Italy. In addition to Mehalba, two other former workers at Guantanamo Bay have been arrested. Army Capt. James Yee, a former Muslim chaplain at Guantanamo Bay, has been charged with two counts of failing to obey a lawful general order. Military officials allege Yee took classified material to his home and wrongfully transported classified material without the proper security containers or covers. Air Force Senior Airman Ahmad al Halabi -- who also worked at the base -- was arrested and charged with espionage and aiding the enemy.
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