October 15, 2001-February 22, 2004: Waiter Who Served Atta Lunch Is Imprisoned for Five Months, Government Attempts to Keep Court Case Secret

Mohamed Kamel Bellahouel is arrested and held for five months after investigators discover he worked at a restaurant where Mohamed Atta and Marwan Alshehhi sometimes ate lunch in South Florida. In a sworn statement, Michael Rolince, head of the FBI’s International Terrorism Operations Section, says, “It is likely that Bellahouel would have waited on both Atta and Alshehhi since Bellahouel had worked at the restaurant for 10 months, and both Atta and Alshehhi were frequent patrons during shifts that Bellahouel worked.” Rolince also alleges Bellahouel may have waited on a third hijacker, Saeed Alghamdi, and says that a cinema employee claims Bellahouel saw a film with a fourth hijacker, Ahmed Alnami. However, Bellahouel, who denies going to the cinema with Alnami, has trouble gaining access to the evidence used against him. His attorney comments, “They won’t call it secret evidence and they won’t call it classified, but they won’t give it to you, either.” He is held in prison without bond and without charge from October 15, 2001 to March 1, 2002. After he is released, US authorities attempt to deport him, as he entered the US as a student, but then dropped out of college and started work, marrying a US citizen in June 2001. His attorney says the problem is that he is a Muslim. “If he were a Catholic coming from Venezuela or Colombia, they would have let him adjust his immigration status.” Bellahouel sues the government over his incarceration, but the case is shrouded in secrecy and the press only learns the case is ongoing due to a court error. [Miami Daily Business Review, 3/14/2003] For example, a journalist, who does not event know Bellahouel’s name, attempts to attend a hearing in March 2003. But the court is closed. After some effort, the reporter finally finds the name in the electronic docket. When he tells a court official Bellahouel’s name is on the docket, the official replies, “Is it? We’ll have to fix that, too,” and the name disappears. [Reporters Committee for Freedom of the Press, 12/2004] In February 2004 the Supreme Court declines an appeal from Bellahouel to have an open hearing, and media organizations are prevented from accessing sealed court proceedings. [New York Times, 1/5/2004; CNN, 2/23/2004]