DETROIT – On Monday, March 31, Executive Magistrate Judge R. Steven Wahlen of the U.S. District Court in the Eastern District of Michigan denied 22-year-old Mohammad Hassan Hamdan bond two weeks after he was detained by the FBI for allegedly planning to fly to Lebanon to fight with Hizbullah.

Stating that it was one of the most difficult hearings he’s had to preside over, Judge Wahlen told the courtroom, packed with Hamdan’s family and friends, that he fears Hamdan would be at risk of flight if he were to be granted bond. The judge acknowledged that he believes Hamdan is close to his family, but it doesn’t guarantee that he would take their advice and stay put. 

“He’s a confused young man…he has a good family but they can’t stop him,” Wahlen stated. “For these reasons, I’m not convinced that he will appear.” 

Wahlen said that after hearing three hours worth of testimony and evidence presented to him by the FBI, he came to the conclusion that Hamdan is unstable, but not a threat to the country.

“I don’t see an indication to do harm to America or Americans,” Wahlen said. “He sought to fight with Shia Muslims. I don’t see an indication that he intended to harm the U.S.”

Wahlen said that based on the FBI transcripts, which include conversations between Hamdan and an FBI informant, there was probable cause to charge Hamdan with “attempting to provide material support to a terrorist organization.”

 Wahlen noted that some of the statements Hamdan had made during the conversations were of concern to him. He came to the conclusion that Hamdan was unsatisfied with his life in the U.S. and was making attempts to join Hizbullah. 

However, Wahlen did add that Hamdan’s plan to join Hizbullah to fight in the Syrian war may not have been set in stone. According to Wahlen’s findings, Hamdan was aware that there was a possibility that he might not have been accepted into the militant group, so he had a backup plan to return to the U.S. 

Hamdan had told the FBI informant that he was going to stay with his uncle and cousin, “who are high up there in the party.” Hamdan is also overheard saying that he has no interest in getting paid if he were to join Hizbullah, as long as he was being provided food. 

It should be noted, however, that the transcripts between Hamdan and the FBI informant were translated from Arabic into English. Hamdan’s defense argues that the transcripts are not yet 100 percent accurate.  

Family and friends of Hamdan appeared upset over the decision on Monday. Hamdan’s mother, Monira Beydoun, waved goodbye to her son in tears as he was being escorted out of the courtroom. 

Hamdan’s family had offered six of their homes as collateral to guarantee that Hamdan would appear for further court hearings if he were to be granted bond. Judge Wahlen acknowledged the family’s efforts, but stated that he has no power to set a real estate bond. Only an Article III judge has the authority to do so. 

Hamdan’s family and friends testified in court the previous week, arguing that he was physically incapable of joining Hizbullah due to health problems that include a dysfunctional lung and a disjointed shoulder. Hamdan was portrayed as a liberal Muslim who owns a dog, drinks socially and smokes marijuana. That description is the polar opposite of a candidate who would presumably seek ties with Hizbullah. 

Hamdan was placed on probation by the 20th District Court for a possession of marijuana charge in 2013, but he sought permission from the probation department to travel to Lebanon and return in May.  

Assistant U.S. Attorney Ron Waterstreet argued that Hamdan had plans to permanently leave the country and only asked the court’s permission to travel in an attempt to mislead them into thinking that he would return. Hamdan had also recently sold a house that was under his name and was looking to give ownership of one of his vehicles to his sister. 

If Hamdan is convicted on the charge, he could face anywhere from 15-20 years in prison. 

Hamdan’s charges and the court’s decision to deny him bond have caused a whirlwind of negative reactions from the local Arab American community. Dozens of locals continue to express their dismay over the case on Facebook, while others expressed concerns that the FBI informant who filed a complaint against Hamdan was intentionally setting him up in order to receive an immigration benefit. 

Nabih Ayad, chairman of the Arab-American Civil Rights League (ACRL), says that his organization and other local civil rights groups will continue to keep an eye out on the developing case.

Ayad expressed concerns to The Arab American News about the judge’s decision to deny Hamdan bond, despite the judge claiming that he was not a threat to the country. Ayad believes Hamdan could have been released on bond with a GPS tether.

“This is like post-9/11 being repeated all over again. Had his name been John or Bill, he probably would be out on bond. We’ve seen this many times before where the government cries terrorism, and that’s the concern. It puts a chilling effect on the judiciary system, making them afraid to release someone on bond,” Ayad says.  

Ayad says many questions about the case remain unanswered but that the community should wait to see if the evidence is substantial enough.

“It’s very concerning from a civil rights perspective. This is a very serious charge. We’ve seen this happen before and I hope the government gives certain due process to this individual. This community is watching this very closely and we well definitely make sure that we ask the judge to allow the individual his constitutional rights before he’s convicted of the crime.” 

Hamdan’s pre-trial is set for Monday, April 14 at the U.S. District Court in the Eastern District of Michigan.