[News] Daughter of Sami Al-Arian Blasts Media Coverage
Anti-Imperialist News
news at freedomarchives.org
Thu May 4 11:58:37 EDT 2006
Daughter of Sami Al-Arian Says Family
"Devastated" by Father's Continued Imprisonment, Blasts Media Coverage
Wednesday, May 3rd, 2006
http://www.democracynow.org/article.pl?sid=06/05/03/145225
The case of Palestinian professor and activist
Sami Al-Arian took another turn this week when a
federal judge in Florida sentenced him to another
year and a half in prison. We speak with his
daughter, Laila Al-Arian, his attorney, Linda
Moreno and journalist John Sugg who has been
closely following the case. [includes rush transcript]
----------
The case of Palestinian professor and activist
Sami al-Arian took another turn this week when a
federal judge in Florida sentenced him to another year and a half in prison.
Al-Arian has been at the center of one of the
most closely watched - and controversial - post
9/11 prosecutions. He was arrested in February
2003 and accused of being a leader of the
militant group Palestinian Islamic Jihad.
The government's case against Al-Arian included
11 years of FBI wiretaps and searches, three
years of trial preparation by federal
prosecutors, millions of dollars in costs and a
six-month trial that ended last December.
At the end of it all, the jury failed to return a
single guilty verdict on any of the 53 criminal
counts brought against Al-Arian and three
co-defendants. One of those co-defendants -
Sameeh Hammoudeh - will join us on the phone from
a Florida jail in a few minutes. He remains
imprisoned despite being acquitted of all the
charges against him. Al-Arian himself was
acquitted on eight counts and the jury hung on nine others.
Last month, Al-Arian signed a plea agreement with
prosecutors to plead guilty to a lesser version
of one of the deadlocked charges, namely that he
helped members of Palestinian Islamic Jihad with
immigration and legal matters at a time before
the State Department designated it a terrorist group.
At his sentencing on Monday, US District Judge
James Moody ignored the recommendation of
prosecutors and defense attorneys for a lower
sentence and gave Al-Arian as much prison time as
possible under the plea deal - 57 months, followed by deportation.
With credit for time served, Al-Arian will spend
another 18 months behind bars. He has been in
prison for over three years now, much of it in solitary confinement.
It is not clear where the government would deport
Al-Arian who is a Palestinian born in Kuwait and
raised mostly in Egypt. He has lived in the
United States for the past 30 years and holds
permanent residency status. His five children
were born in the US and are all American
citizens. Today, one of them joins us in our
firehouse studio, Lailia Al-Arian is Sami
Al-Arian's eldest daughter. We are also joined by
Al-Arian's attorney, Linda Moreno and journalist
John Sugg who has been closely following the case.
* Laila Al-Arian, eldest daughter of Sami
al-Arian. She is a journalism student at Columbia University.
* Linda Moreno, attorney for Sami al-Arian.
* John Sugg, senior editor for Creative
Loafing, an Atlanta-based alternative weekly
newspaper. He has closely followed the Sami Al-Arian for the past 10 years.
* - Website: <http://www.johnsugg.com>JohnSugg.com
Previous coverage:
<http://tinyurl.com/n3mj7>Jailed Palestinian
Professor Sami Al-Arian to Be Deported After
Prosecutors Fail to Convict Him on a Single
Charge <http://tinyurl.com/p6qre>Jury Acquits
Jailed Palestinian Professor of Several Charges
in Major Blow to Bush Administration
<http://tinyurl.com/946q8>Jailed Palestinian
Prof. Sami Al-Arian Dominates Florida Senate Race
<http://tinyurl.com/7fgd2>The Case of Sami Al-Arian
<http://tinyurl.com/bmajn>Outspoken Palestinian
Professor Sami Al-Arian Indicted Yesterday By
Ashcroft On Charges of Material Support to
Terrorists <http://tinyurl.com/7t5ok>INS Arrests
a Palestinian Teacher in Florida for Supposed
Involvement with Terrorist Organizations
----------
RUSH TRANSCRIPT
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more...
AMY GOODMAN: Its not clear where the government
would deport Al-Arian to. He is Palestinian, born
in Kuwait and raised mostly in Egypt. Hes lived
in the United States for the past 30 years and
holds permanent residency status. His five
children were born in the United States. Theyre
all American citizens. We're joined in our
Firehouse studio by one of them. Laila Al-Arian
is Samis eldest daughter. She is just about to
graduate from Columbia Universitys School of
Journalism. In a studio in Tampa, we're joined by
Linda Moreno, Sami Al-Arian's attorney. And we're
also joined on the phone by John Sugg, senior
editor for Creative Loafing, an Atlanta-based
alternative weekly newspaper, who has closely
followed the Al-Arian case for the past ten years.
We will begin with Laila Al-Arian. Can you
describe what happened the day of the sentencing? You were there?
LAILA AL-ARIAN: Yes, I was. Basically we all went
in, and there was this air of reconciliation.
Everyone was really expecting a swift resolution
to this painful ordeal. And my father gave a very
beautiful speech, talking about his faith in the
democratic system and the judicial system and how
it was reinforced throughout this process. Our
lawyer, Linda Moreno, also spoke very eloquently
and asked that the judge give my father time
served and release him. And, unfortunately, the
judge kind of, you know, gave this tirade
berating my father and mentioning things that
were completely disproven in court, that the jury
basically said were not true and acquitted my
father of, and it was just a very disgraceful and
just very undignified display.
AMY GOODMAN: Linda Moreno, can you amplify on
what the judge said and the significance of not
following the suggestion -- well, its not
necessarily a surprise -- of defense attorney, you, but of the prosecution?
LINDA MORENO: It's important to note, Amy, that
the plea agreement in this case that Dr. Al-Arian
signed very specifically dealt with a
watered-down version of a particular conspiracy
count. And what's most important to remember
about that is that the United States government
in that plea agreement agreed that this was not a
crime of violence, that there were no victims to
the crime that Dr. Al-Arian was pleading guilty
to, either direct or approximate. This, from the
same United States Attorneys who had gotten up 11
months earlier and had promised an American jury
that they were going to prove beyond any
reasonable doubt that Dr. Al-Arian was the North
American head and the most powerful person of
Islamic Jihad and a terrorist financier. So, they
were very clear that what we were agreeing to had nothing to do with violence.
The jury repudiated all of the evidence of
violence, which was at the heart of the
government's case. And what's interesting is that
after the sentencing, some of the jurors who sat
on the trial were interviewed, and, in
particular, one of the jurors who was hanging for
a conviction said that she did not agree with the
judge's comments and that she repudiated all of
the violence in the case. So, the judge really
went out on his own and ignored the jury, I think
undermined the jury's verdict, ignored the
recommendation of the United States government,
and decided to base his sentencing on facts that
were not proven and, I think, that were somewhat intemperate.
AMY GOODMAN: The language that the judge used
sounds like it echoed some of what one of the
government informants said on the stand, Linda Moreno.
LINDA MORENO: Well, one of the informants, this
was a paid F.B.I. snitch, who was thoroughly
discredited. In cross-examination, we got him to
agree that he lied in various documents, resumes,
applications for work. And he would describe
these lies in colors of a rainbow. That was a
white lie. That was a black lie. That was a red
lie. So he was thoroughly discredited. But he
made a very emotional statement when he was on
the stand. He said that Dr. Al-Arian sent his son
to Duke University, while he sent others to be
blown up. We felt that the judge eerily
paraphrased this discredited snitch on the stand, and it was of concern to us.
AMY GOODMAN: Can you describe your experience in
the courtroom, Laila Al-Arian? You are both a
daughter -- you're also graduating as a
journalism student. You're a journalist. You were
there with your two older siblings. Two of the
younger children were not there. What was the
courtroom like? Who comes to this trial day after day?
LAILA AL-ARIAN: Well, we were grateful to have a
great number of our supporters in the Tampa
community, from both the Christian and the Muslim
communities. And, you know, it was just a very --
like I said, just an air of reconciliation. And
everyone was really looking forward to moving on
with life. And, you know, we can even see it on
the government's side, that they were ready to just put this all behind them.
AMY GOODMAN: Did your mother walk out of the
courtroom as the judge was speaking?
LAILA AL-ARIAN: She did walk out, yes. I mean, we
thought it was a very strong statement, but she
just couldn't bear to listen to those horrible
lies that he was spewing. So, it was -- I mean,
it definitely wasn't easy to hear him lambaste my
father and use those lies and smear him in that way.
AMY GOODMAN: John Sugg, could you put this in the
context of the years that you have covered this
case, reporting for Creative Loafing?
JOHN SUGG: Well, I think you have to look at
what's gone on from the very beginning, and this
started in 1994 with a television report by
self-described terrorism expert Steve Emerson,
who most people consider to be a front for
Israel's Likud Party, in what he does. And I
think that the effort has always been to silence
Sami Al-Arian. I mean, Al-Arian, as you just
said, the government couldn't prove anything
about him of any real significance. What he did
in the specifics of the plea agreement was so
incidental to the government's claims as to be ridiculous.
I think it's also worth noting a few other
things. Alberto Gonzales was in Tampa a few days
before the sentencing. Paul Perez, the U.S.
Attorney there, never made an appearance in court
until sentencing, and then, of course, he raced
for the TV cameras to declare a victory. I mean,
I think that despite the -- my own opinion, I
think the prosecution knew all along that this
was going to be the outcome and agreed to a light
sentence, knowing that the game plan would be
different at the end. I mean, you know, Al-Arian
has been silenced. He had something important to
say. He tried to say it to everybody who would
listen. And just like you were saying earlier in
the show, at Brandeis University, only one side
in this dispute gets an airing in America. And I
think that that's very dangerous for our democracy.
AMY GOODMAN: Laila Al-Arian?
LAILA AL-ARIAN: I completely agree with that. And
even in the judge's comments during the
sentencing, you know, his whole -- he kind of
revealed his whole myopic view of the
Palestinian-Israeli conflict, in that theres
only Israeli victims and that all Palestinians
are perpetrators and are terrorists. And it was
just a very disturbing thing to hear coming from a federal judge.
JOHN SUGG: Well, you know, one thing that I heard
during the closing arguments was when the
prosecution introduced a document that mentioned
U.N. Resolution 242, the resolution that calls
for return to the borders, the original borders,
the judge would not even allow the defense to
explain to the jury what 242 meant. The judge
would not let any testimony about the plight of
the Palestinians be entered into this trial. Had
Martin Luther King been on trial he would not
have been able to have mentioned lynchings and
Jim Crow. That's how ridiculous this courtroom was.
AMY GOODMAN: We're talking to John Sugg, senior
editor for Creative Loafing, who has been
following this trial -- it's a newspaper based in
Tampa and Atlanta, an alternative weekly
newspaper; Laila Al-Arian, daughter of Sami
Al-Arian; as well as Linda Moreno, the attorney
for Sami Al-Arian. Can you talk, Linda Moreno,
exactly about the plea bargain? What did Sami Al-Arian plea guilty to?
LINDA MORENO: Dr. Al-Arian pled guilty to a
conspiracy, which is an agreement, a conspiracy
to provide services to associates of the Islamic
Jihad. And essentially what he did, for the most
part, was assist in the legal defense of his
brother-in-law, Mazen Al-Najjar, in Mazens own
unconstitutional detention hearing. He also
helped associates, colleagues with immigration,
with the immigration process. So this was a
conspiracy charge that Dr. Al-Arian pled to. I
will tell you that this plea agreement was
something that was vigorously negotiated on both
sides. And there were certain things that Sami
Al-Arian would never have pled guilty to, the
first of which was any responsibility whatsoever for any violence.
AMY GOODMAN: Weren't there a lot of images of violence shown during the trial?
LINDA MORENO: There were. The government was
allowed to present videos of the bus bombings,
live testimony of victims or survivors,
eyewitnesses of certain bombings around the
Occupied Territories. Indeed, Alisa Flatos
father testified. We did not cross-examine any of
those witnesses, because our position was --
AMY GOODMAN: She was killed. She was killed in a suicide bombing attack?
LINDA MORENO: She was. And her father, who
testifies apparently at many of these trials,
sought to try to attribute some responsibility to
Dr. Al-Arian through his testimony. So the
government put on what they believed was their
very potent, sexy, if you will, violent case,
which the jury completely repudiated. The jury
felt that Dr. Al-Arian had nothing to do with
that violence. And we felt that was a very
powerful message back to the government.
They still tried in the plea negotiations to have
the violence inserted. In fact, at one point they
wanted Dr. Al-Arian to plead guilty and pay
restitution for all victims of violence, of
conduct that was even uncharged. That was
immediately, of course, rejected and rebuked. And
Dr. Al-Arian was perfectly willing and able to
represent himself, if need be, against the United
States government, and I dare say he would have won the second time around.
This plea was an effort for closure, closure for
the family, a family who has suffered and been
traumatized, not only for the last three years,
but really more for the last decade, with this
campaign and witch-hunt that has gone on in the
Tampa community, especially by the newspaper, the
Tampa Tribune. So, this was an attempt for
closure and, indeed, for reconciliation. It was
unfortunate that it ended the way it did. But I
want to tell you I was very proud of my client
and his very moving statements to the court. We
felt that we ended on a very positive note.
AMY GOODMAN: Linda Moreno, I want to thank you
for being with us, lawyer for Sami Al-Arian,
joining us from PBS station in Tampa, WEDU. Laila
Al-Arian, stay with us, daughter of Sami
Al-Arian, here in New York. She just flew up from
the sentencing. John Sugg will remain with us on
the line. And we'll be joined by the co-defendant
of Sami Al-Arian. We'll be joined by Sameeh
Hammoudeh, who remains in jail right now, is
detained by ICE, Immigration and Customs
Enforcement. And we'll speak with his daughter in Jordan.
[break]
AMY GOODMAN: Sameeh Hammoudeh joins us on the
line right now from the Manatee County Jail in
Bradenton, Florida. We welcome you to Democracy Now!
SAMEEH HAMMOUDEH: Thank you very much. Thank you for having me.
AMY GOODMAN: We will listen as carefully as we
can. The line isn't very good. Why are you still in jail?
SAMEEH HAMMOUDEH: Well, because the whole case is
based on what we can call an abuse of power. The
United States government is not only violating
the international laws regarding this, but they
are violating and disregarding the civil rights
and the human rights inside the United States.
And my case is one of these violations.
And if I want to talk about my case, it's going
to take me hours and hours, because the whole
case was based on fabrication, violation I mean
fabrication, manipulation of facts, inventing
even facts and events that did not even take
place. The special agent who directed this case
said things that never happened, never occurred.
And he even in his testimony, he changed my
name to rhyme with the name of Sami Al-Arian. I
mean, my name in Arabic is Sameeh, Sameeh
Hammoudeh. So he changed my name to Hami, which
rhymes with Sami, and whenever he was talking
about Sami, he would combine me there, because he
had no evidence whatsoever even to indict me.
AMY GOODMAN: Sameeh Hammoudeh, we're having
trouble hearing you, so we're going to ask you to
call back. But while we go through that, we are
going to ask John Sugg to talk about your case,
as well, one that he also has covered.
JOHN SUGG: Well, what you have is sort of a
repeat of what started a lot of this case, and
that was the illegal imprisonment of
Palestinians. In the first case it was Sami
Al-Arian's brother-in-law, Mazen Al-Najjar, who
was held for about four years on secret evidence.
Interestingly, in that case, a federal judge, a
federal immigration judge, twice reviewed the
secret evidence and ordered Al-Najjar released, a
decision that was ratified by Janet Reno. Twice,
prosecutors from the U.S. Attorney's office
recommended that there be no prosecution brought
against Al-Arian and the other defendants, and
they were ignored all under the Bush
administration. The prosecution was brought.
I mean, you know, we're talking about an
administration that, as the Boston Globe reported
last week, where President Bush has broken
something like 750 laws. I mean, this
administration, you know, it defines as illegal
whats ever convenient, and that's what's
happening to Hammoudeh right now. He should be
out of jail. He should be allowed to leave the
country. He's being held for no reason at all.
The government cannot articulate a valid reason why he's being held.
AMY GOODMAN: We're also joined on the phone from
Jordan by Weeam Hammoudeh, who is the daughter of
Sameeh Hammoudeh. Can you talk about how you
ended up excuse me, speaking to us from
Ramallah how you ended up in Ramallah, when you
were staying in Florida as your father remained in jail?
WEEAM HAMMOUDEH: Well, they had agreed to a
separate plea deal, like you said earlier, and
part of that was deportation, and it was supposed
to happen after the terrorism trial ended and the
sentencing was done, if there was any sentencing.
In my father's case, obviously, since he was
acquitted, there was no sentencing hearing. Then,
we were given different dates. It kept getting
postponed, saying that they needed clearance for
my father and whatnot. And we were given three
separate promises, promising us that he would be on an airplane with us.
And then, they gave us at the end, they sent my
mother a letter saying that we had until February
9th to leave the country or that they would take
whatever measures that were at their disposal
against her. So we bought the tickets and left,
and our lawyer and us, we were also told that my
father would be joining us. So when we got to the
airport, he didn't show up, and the immigration
official that was there told us that he wouldn't
be on the plane with us that day, but he would be joining us within 72 hours.
So we got to Jordan and stayed in Jordan for
about a week, waiting for him, because we kept
getting different promises. The last thing he
told us to buy him a ticket and that as long as
we bought him the ticket, they would let him go
or whatever, but obviously that didn't happen
either. And after that, we came to Ramallah
through Jordan, and we're here now with all our
family, waiting for him to come home.
AMY GOODMAN: We have Sameeh Hammoudeh on the line
with us again from jail. Have they given you any
indication if it they will release you?
SAMEEH HAMMOUDEH: No. They won't. I mean, my
attorney keeps trying to call them, and every
time they give him just the cold shoulder, and
he's having even trouble to communicate with the government officials.
AMY GOODMAN: John Sugg, is there any redress? Can
you compare this to any other cases that you have
tried? And in your interviews with the
prosecution, with the government, what are you hearing?
JOHN SUGG: Well, I don't think that there I
think that there's reasons that they're holding
Hammoudeh that have nothing to do with whether
he's guilty or innocent of anything. I think
that, you know, the same reasons, the same
mentality why, you know, we hold scores of
prisoners at Guantanamo, many of whom we know had no involvement in terrorism.
You know, one thing that's important to also keep
in context in this case -- Linda Moreno sort of
addressed it -- but almost all of the activities
of these men, certainly of Al-Arian, occurred
before 1996, occurred in the late 1980s, early
1990s. The Tampa Tribune, which she mentioned, is
very adept at failing to mention the time context
of all of that, because most of what they were
doing was perfectly legal, First Amendment-protected stuff.
Terrorists don't go out there and try to draw
attention to themselves. They don't work with the
F.B.I., as Al-Arian did, trying to create a
better understanding of his cause and of Islam
and other things. Terrorists don't draw attention
to themselves like that. I mean, whatever they
were doing, they were trying to state their point
of view. You can agree or disagree with their
point of view, but all along this has been a case
of our government making a frontal assault on
civil liberties, and with Hammoudeh, it's one more extension of that.
And thats I don't think that there is any
reason. I think the government is embarrassed.
The government was terribly embarrassed by the
verdicts in this case. They couldn't prove a
thing, and so they're just exacting retribution
now on these guys to make, you know for
retribution, revenge. And I think that that's a
very poor thing for our government to be engaged in.
AMY GOODMAN: John Sugg, Professor Al-Arian's
indictment in 2003 was hailed by then-Attorney
General John Ashcroft as one of the first
triumphs of the PATRIOT Act. The government's
case was built on hundreds of documents,
including thousands of hours of wiretapped
telephone calls, intercepted emails, faxes, bank
records, gathered over a decade.
JOHN SUGG: Right. Well, 400,000 wiretaps, and the
government could find only a few hundred that
pertained to anything at all. It was so
ridiculous. With Hammoudeh, for example, the
government claimed that every time the word
family was mentioned that it referred to the
Palestinian Islamic Jihad. I mean, these
prosecutors had watched too many Godfather
movies, okay? So when Hammoudeh would call up his
elderly father and mother and ask about how the
family was doing, the government says that they
were talking about Islamic Jihad business. I mean, that's how stupid this was.
The PATRIOT Act, almost all of the information --
all of the information, I'm told, but give them a
break -- almost all of the information, the
government has had for years, there was nothing
new added by the PATRIOT Act in this case. That
was a fraud, you know, perpetuated by the
government to justify the prosecution.
AMY GOODMAN: Laila Al-Arian?
LAILA AL-ARIAN: Also, I wanted to say, to put
this case in context, in 2003 in the first
indictment, also in the superseding indictment,
there were 34 counts against my father, and he
was acquitted or the charges were dismissed
against all of them, but one, which was extremely
watered down in the plea agreement. So, you know,
for the government to hail this case is just
completely hypocritical and false.
AMY GOODMAN: What has this done to your family?
And, Weeam, I want to ask you the same in Ramallah.
LAILA AL-ARIAN: I mean, it's definitely
devastated us. My younger siblings have basically
grown up during the most important time of their
lives -- they're 15 and 12 right now -- without a
father, and, you know, it's just one of the worst
possible things that can happen to a family is to
lose their father and to see him being held in such horrible conditions.
AMY GOODMAN: You are all American citizens. Your
brother went to Duke, was an aide to Congressman
Bonior at the time. You are now a journalist. How
has it shaped you and your view and how you will cover things?
LAILA AL-ARIAN: I guess, seeing the media
coverage in our case and kind of all the false
things that are printed about my father and about
the trial, it's just made me sort of cynical
about kind of I mean, I'd like to be the kind
of journalist that makes sure that everything
that I publish or print is 100% true, but it's
just, to me, jarring. I was just thinking about
it this morning on the way here, that to see all
of the, I guess, misperceptions about the case
that are printed day in and day out and how
they're taken as fact by people who have never
attended the trial, just reprinting falsities
that my father was a leader in the PIJ or that he
engaged in fundraising or that he, you know, funded the organization, etc.
AMY GOODMAN: You know Weeam.
LAILA AL-ARIAN: Yes, I do.
AMY GOODMAN: Did you both go to the trial together?
LAILA AL-ARIAN: Yes.
AMY GOODMAN: Weeam, how has this affected your family?
WEEAM HAMMOUDEH: I mean, along the same lines.
It's really devastated us a lot emotionally. And,
I mean, I have younger siblings, like my youngest
brother is turning five in two weeks, so I mean,
we have three kids that are ten and under, and
you know, they've spent three years of their
lives without their father, and it's really hard
explaining to them why, especially with the
youngest two, because, I mean, five and seven.
When everything happened, my brother wasn't even
two years old yet. And, I mean, for the first
month or so, every time the door would open, he
would run out the house saying, Baba! Baba!
waiting for my dad to get there, because that's
what he was used to, and then just after a while
he stopped saying it, because I guess he got used
to not seeing him, and the expectation wasn't there anymore.
AMY GOODMAN: Sameeh Hammoudeh, the last word goes
to you, as you speak to us detained in Bradenton, Florida.
SAMEEH HAMMOUDEH: Well, I will just say what the
jurors found after five months of the
government's presentation. I mean, when the
twelve jurors went into deliberation, they took
several hours to silently examine the evidence.
Then, the foreperson asked for a show of hands to
determine the verdict on Hammoudeh, and without
hesitation, all twelve they have their hands up
for acquittal on all counts, and one of the
jurors said, Without talking about it, we had
each made up our mind. I mean, they even did not
discuss what the government had said about me,
because they did not believe anything.
Everything was fabrication. Everything was a mere
lie, sad lies. This is what they did, and this is
what they are insisting on doing to me and to
continue my ordeal, only because I am a stateless
Palestinian, that nobody is going to care about
me, nobody is going to talk about my case. I am
not a Christian. I am not a Jew. I am not a
citizen of a powerful country that can ask about
my destiny, about why the American government is abusing my rights.
And I am very upset. I am very frustrated, and I
think the American government now is taking the
United States into a very dangerous situation,
where they are violating everything that belongs
to human dignity and to human rights. They are
violating all the traditions of the United
States. They are violating everything human in
this life. They are turning this country to an
ugly country for everyone who's observing what
they are doing, in Iraq, in Afghanistan, here
inside the United States and everywhere. I mean,
in an era where people are opening up to each
other, nations are coming closer to each other,
they are thinking about building walls, and they
are encouraging Israel to establish a wall
between the Jews and the Palestinians instead of
encouraging the Palestinians and Israelis to talk
to each other and to establish enduring peace between them.
AMY GOODMAN: Sameeh Hammoudeh, I want to thank
you very much for being with us. And, Laila, last
question: Where will your father be deported to
after he serves his year and a half?
LAILA AL-ARIAN: We're not actually sure of that
yet, and we appeal to any country that's willing
to take a stateless Palestinian refugee to give him a home, give us a home.
AMY GOODMAN: Laila Al-Arian, thank you for
joining us here in New York, Columbia journalism
student, daughter of Sami Al-Arian; Weeam
Hammoudeh, the daughter of Sameeh Hammoudeh --
both on the line with us, Weeam waiting for her
father in Ramallah; Sameeh Hammoudeh speaking to
us from the Manatee County Jail in Bradenton, Florida.
www.democracynow.org
Sami Al-Arian Co-Defendant Sameeh Hammoudeh
Remains in Jail Four Months After Being Acquitted of All Charges
Wednesday, May 3rd, 2006
http://www.democracynow.org/article.pl?sid=06/05/03/145229
We look the case of one of Sami Al-Arian's
co-defendants, Sameeh Hammoudeh. Despite being
acquitted in December of all the terrorism
charges against him, he remains behind bars.
Hammoudeh speaks to us from jail in Florida and
we go to Ramallah to speak with his daughter,
Weeam, who is waiting for him to be released and
deported. [includes rush transcript]
----------
We look the case of one of Sami Al-Arian's
co-defendants, Sameeh Hammoudeh. In December, he
was found not guilty of all charges against him
and the judge in the case ordered his immediate release from jail.
Hammoudeh, who is also Palestinian, expected to
be immediately deported along with his wife and
six children. The deportation was part of an
agreement in exchange for pleading guilty to tax
and immigration violations in a separate case in
which he received no jail time.
But officials from Immigration and Customs
Enforcement took him into custody, saying
initially that its standard of innocence was
different from the jury's. A spokeswoman for the
agency said they believed that "Hammoudeh had
ties to terrorists," despite his acquittal.
Nearly four months after being acquitted of all
terrorism charges, he remains behind bars. Sameeh
Hammoudeh joins us on the line now from Manatee
County Jail in Bradenton, Florida.
We are also joined by Sameeh Hammoudeh"s
daughter, Weeam. She joins us on the line from
Ramallah in the West Bank. The family moved there
after her mother was deported in February.
* Sameeh Hammoudeh, speaking from the Manatee
County Jail in Bradenton, Florida.
* Weeam Hammoudeh, daughter of Sameeh
Hammoudeh speaking from Ramallah, West Bank.
* John Sugg, senior editor for Creative
Loafing, an Atlanta-based alternative weekly
newspaper. He has closely followed the Sami Al-Arian for the past 10 years.
* - Website: <http://www.johnsugg.com>JohnSugg.com
----------
RUSH TRANSCRIPT
This transcript is available free of charge.
However, donations help us provide closed
captioning for the deaf and hard of hearing on
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more...
AMY GOODMAN: Sameeh Hammoudeh joins us on the
line right now from the Manatee County Jail in
Bradenton, Florida. We welcome you to Democracy Now!
SAMEEH HAMMOUDEH: Thank you very much. Thank you for having me.
AMY GOODMAN: We will listen as carefully as we
can. The line isn't very good. Why are you still in jail?
SAMEEH HAMMOUDEH: Well, because the whole case is
based on what we can call an abuse of power. The
United States government is not only violating
the international laws regarding this, but they
are violating and disregarding the civil rights
and the human rights inside the United States.
And my case is one of these violations.
And if I want to talk about my case, it's going
to take me hours and hours, because the whole
case was based on fabrication, violation I mean
fabrication, manipulation of facts, inventing
even facts and events that did not even take
place. The special agent who directed this case
said things that never happened, never occurred.
And he even in his testimony, he changed my
name to rhyme with the name of Sami Al-Arian. I
mean, my name in Arabic is Sameeh, Sameeh
Hammoudeh. So he changed my name to Hami, which
rhymes with Sami, and whenever he was talking
about Sami, he would combine me there, because he
had no evidence whatsoever even to indict me.
AMY GOODMAN: Sameeh Hammoudeh, we're having
trouble hearing you, so we're going to ask you to
call back. But while we go through that, we are
going to ask John Sugg to talk about your case,
as well, one that he also has covered.
JOHN SUGG: Well, what you have is sort of a
repeat of what started a lot of this case, and
that was the illegal imprisonment of
Palestinians. In the first case it was Sami
Al-Arian's brother-in-law, Mazen Al-Najjar, who
was held for about four years on secret evidence.
Interestingly, in that case, a federal judge, a
federal immigration judge, twice reviewed the
secret evidence and ordered Al-Najjar released, a
decision that was ratified by Janet Reno. Twice,
prosecutors from the U.S. Attorney's office
recommended that there be no prosecution brought
against Al-Arian and the other defendants, and
they were ignored all under the Bush
administration. The prosecution was brought.
I mean, you know, we're talking about an
administration that, as the Boston Globe reported
last week, where President Bush has broken
something like 750 laws. I mean, this
administration, you know, it defines as illegal
whats ever convenient, and that's what's
happening to Hammoudeh right now. He should be
out of jail. He should be allowed to leave the
country. He's being held for no reason at all.
The government cannot articulate a valid reason why he's being held.
AMY GOODMAN: We're also joined on the phone from
Jordan by Weeam Hammoudeh, who is the daughter of
Sameeh Hammoudeh. Can you talk about how you
ended up excuse me, speaking to us from
Ramallah how you ended up in Ramallah, when you
were staying in Florida as your father remained in jail?
WEEAM HAMMOUDEH: Well, they had agreed to a
separate plea deal, like you said earlier, and
part of that was deportation, and it was supposed
to happen after the terrorism trial ended and the
sentencing was done, if there was any sentencing.
In my father's case, obviously, since he was
acquitted, there was no sentencing hearing. Then,
we were given different dates. It kept getting
postponed, saying that they needed clearance for
my father and whatnot. And we were given three
separate promises, promising us that he would be on an airplane with us.
And then, they gave us at the end, they sent my
mother a letter saying that we had until February
9th to leave the country or that they would take
whatever measures that were at their disposal
against her. So we bought the tickets and left,
and our lawyer and us, we were also told that my
father would be joining us. So when we got to the
airport, he didn't show up, and the immigration
official that was there told us that he wouldn't
be on the plane with us that day, but he would be joining us within 72 hours.
So we got to Jordan and stayed in Jordan for
about a week, waiting for him, because we kept
getting different promises. The last thing he
told us to buy him a ticket and that as long as
we bought him the ticket, they would let him go
or whatever, but obviously that didn't happen
either. And after that, we came to Ramallah
through Jordan, and we're here now with all our
family, waiting for him to come home.
AMY GOODMAN: We have Sameeh Hammoudeh on the line
with us again from jail. Have they given you any
indication if it they will release you?
SAMEEH HAMMOUDEH: No. They won't. I mean, my
attorney keeps trying to call them, and every
time they give him just the cold shoulder, and
he's having even trouble to communicate with the government officials.
AMY GOODMAN: John Sugg, is there any redress? Can
you compare this to any other cases that you have
tried? And in your interviews with the
prosecution, with the government, what are you hearing?
JOHN SUGG: Well, I don't think that there I
think that there's reasons that they're holding
Hammoudeh that have nothing to do with whether
he's guilty or innocent of anything. I think
that, you know, the same reasons, the same
mentality why, you know, we hold scores of
prisoners at Guantanamo, many of whom we know had no involvement in terrorism.
You know, one thing that's important to also keep
in context in this case -- Linda Moreno sort of
addressed it -- but almost all of the activities
of these men, certainly of Al-Arian, occurred
before 1996, occurred in the late 1980s, early
1990s. The Tampa Tribune, which she mentioned, is
very adept at failing to mention the time context
of all of that, because most of what they were
doing was perfectly legal, First Amendment-protected stuff.
Terrorists don't go out there and try to draw
attention to themselves. They don't work with the
F.B.I., as Al-Arian did, trying to create a
better understanding of his cause and of Islam
and other things. Terrorists don't draw attention
to themselves like that. I mean, whatever they
were doing, they were trying to state their point
of view. You can agree or disagree with their
point of view, but all along this has been a case
of our government making a frontal assault on
civil liberties, and with Hammoudeh, it's one more extension of that.
And thats I don't think that there is any
reason. I think the government is embarrassed.
The government was terribly embarrassed by the
verdicts in this case. They couldn't prove a
thing, and so they're just exacting retribution
now on these guys to make, you know for
retribution, revenge. And I think that that's a
very poor thing for our government to be engaged in.
AMY GOODMAN: John Sugg, Professor Al-Arian's
indictment in 2003 was hailed by then-Attorney
General John Ashcroft as one of the first
triumphs of the PATRIOT Act. The government's
case was built on hundreds of documents,
including thousands of hours of wiretapped
telephone calls, intercepted emails, faxes, bank
records, gathered over a decade.
JOHN SUGG: Right. Well, 400,000 wiretaps, and the
government could find only a few hundred that
pertained to anything at all. It was so
ridiculous. With Hammoudeh, for example, the
government claimed that every time the word
family was mentioned that it referred to the
Palestinian Islamic Jihad. I mean, these
prosecutors had watched too many Godfather
movies, okay? So when Hammoudeh would call up his
elderly father and mother and ask about how the
family was doing, the government says that they
were talking about Islamic Jihad business. I mean, that's how stupid this was.
The PATRIOT Act, almost all of the information --
all of the information, I'm told, but give them a
break -- almost all of the information, the
government has had for years, there was nothing
new added by the PATRIOT Act in this case. That
was a fraud, you know, perpetuated by the
government to justify the prosecution.
AMY GOODMAN: Laila Al-Arian?
LAILA AL-ARIAN: Also, I wanted to say, to put
this case in context, in 2003 in the first
indictment, also in the superseding indictment,
there were 34 counts against my father, and he
was acquitted or the charges were dismissed
against all of them, but one, which was extremely
watered down in the plea agreement. So, you know,
for the government to hail this case is just
completely hypocritical and false.
AMY GOODMAN: What has this done to your family?
And, Weeam, I want to ask you the same in Ramallah.
LAILA AL-ARIAN: I mean, it's definitely
devastated us. My younger siblings have basically
grown up during the most important time of their
lives -- they're 15 and 12 right now -- without a
father, and, you know, it's just one of the worst
possible things that can happen to a family is to
lose their father and to see him being held in such horrible conditions.
AMY GOODMAN: You are all American citizens. Your
brother went to Duke, was an aide to Congressman
Bonior at the time. You are now a journalist. How
has it shaped you and your view and how you will cover things?
LAILA AL-ARIAN: I guess, seeing the media
coverage in our case and kind of all the false
things that are printed about my father and about
the trial, it's just made me sort of cynical
about kind of I mean, I'd like to be the kind
of journalist that makes sure that everything
that I publish or print is 100% true, but it's
just, to me, jarring. I was just thinking about
it this morning on the way here, that to see all
of the, I guess, misperceptions about the case
that are printed day in and day out and how
they're taken as fact by people who have never
attended the trial, just reprinting falsities
that my father was a leader in the PIJ or that he
engaged in fundraising or that he, you know, funded the organization, etc.
AMY GOODMAN: You know Weeam.
LAILA AL-ARIAN: Yes, I do.
AMY GOODMAN: Did you both go to the trial together?
LAILA AL-ARIAN: Yes.
AMY GOODMAN: Weeam, how has this affected your family?
WEEAM HAMMOUDEH: I mean, along the same lines.
It's really devastated us a lot emotionally. And,
I mean, I have younger siblings, like my youngest
brother is turning five in two weeks, so I mean,
we have three kids that are ten and under, and
you know, they've spent three years of their
lives without their father, and it's really hard
explaining to them why, especially with the
youngest two, because, I mean, five and seven.
When everything happened, my brother wasn't even
two years old yet. And, I mean, for the first
month or so, every time the door would open, he
would run out the house saying, Baba! Baba!
waiting for my dad to get there, because that's
what he was used to, and then just after a while
he stopped saying it, because I guess he got used
to not seeing him, and the expectation wasn't there anymore.
AMY GOODMAN: Sameeh Hammoudeh, the last word goes
to you, as you speak to us detained in Bradenton, Florida.
SAMEEH HAMMOUDEH: Well, I will just say what the
jurors found after five months of the
government's presentation. I mean, when the
twelve jurors went into deliberation, they took
several hours to silently examine the evidence.
Then, the foreperson asked for a show of hands to
determine the verdict on Hammoudeh, and without
hesitation, all twelve they have their hands up
for acquittal on all counts, and one of the
jurors said, Without talking about it, we had
each made up our mind. I mean, they even did not
discuss what the government had said about me,
because they did not believe anything.
Everything was fabrication. Everything was a mere
lie, sad lies. This is what they did, and this is
what they are insisting on doing to me and to
continue my ordeal, only because I am a stateless
Palestinian, that nobody is going to care about
me, nobody is going to talk about my case. I am
not a Christian. I am not a Jew. I am not a
citizen of a powerful country that can ask about
my destiny, about why the American government is abusing my rights.
And I am very upset. I am very frustrated, and I
think the American government now is taking the
United States into a very dangerous situation,
where they are violating everything that belongs
to human dignity and to human rights. They are
violating all the traditions of the United
States. They are violating everything human in
this life. They are turning this country to an
ugly country for everyone who's observing what
they are doing, in Iraq, in Afghanistan, here
inside the United States and everywhere. I mean,
in an era where people are opening up to each
other, nations are coming closer to each other,
they are thinking about building walls, and they
are encouraging Israel to establish a wall
between the Jews and the Palestinians instead of
encouraging the Palestinians and Israelis to talk
to each other and to establish enduring peace between them.
AMY GOODMAN: Sameeh Hammoudeh, I want to thank
you very much for being with us. And, Laila, last
question: Where will your father be deported to
after he serves his year and a half?
LAILA AL-ARIAN: We're not actually sure of that
yet, and we appeal to any country that's willing
to take a stateless Palestinian refugee to give him a home, give us a home.
AMY GOODMAN: Laila Al-Arian, thank you for
joining us here in New York, Columbia journalism
student, daughter of Sami Al-Arian; Weeam
Hammoudeh, the daughter of Sameeh Hammoudeh --
both on the line with us, Weeam waiting for her
father in Ramallah; Sameeh Hammoudeh speaking to
us from the Manatee County Jail in Bradenton, Florida.
www.democracynow.org
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