[Ppnews] Sami Al-Arian: From Exoneration to Criminal Indictment

[Political Prisoner News]

Original Content at 
http://www.opednews.com/articles/Sami-Al-Arian--From-Exoner-by-Stephen-Lendman-080714-114.html

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July 14, 2008

Sami Al-Arian: From Exoneration to Criminal Indictment

By Stephen Lendman

Sami Al-Arian: From Exoneration to Criminal Indictment - by Stephen Lendman

A personal note. I've twice before written about Al-Arian and 
discussed his case on my radio program with his wife and daughter. 
Since February 20, 2003, he's been unjustly imprisoned. The FBI 
hounded him for 11 years. It falsely accused him of backing 
organizations fronting for Palestinian Islamic Jihad - a 1997 State 
Department-designated "Foreign Terrorist Organization (FTO)." It's 
one of 30 organizations so-designated that year. In 1999, three were 
removed. Another was added in 2001 for a total of 28. Sixteen of them 
are Arabic/Muslim and include Hamas, the Popular Front for the 
Liberation of Palestine, Hezbollah and Al Queda. Their ideologies 
differ from western standards. Washington thus calls them FTOs that 
"engage in terrorist activity (and) threaten the security of US 
nationals or the national security of the US."

In August 2001, Palestinian Islamic Jihad's (PIJ) General Secretary, 
Dr. Fathi Shikaki, agreed to be interviewed. He called the 
organization "an independent, Islamic, and popular movement with 
Islam (advocating) grassroots popular action and armed struggle (for 
the) liberation of (Occupied) Palestine." In this respect, it's no 
different from the Vichy French resistance. They were renown freedom 
fighters. So were the Mujahideen (when they were on our side) against 
the Soviets in Afghanistan and Serbia in the Balkans.

As Michel Chossudovsky noted in a September 2001 Global Research.ca 
article titled "Who is Osama Bin Laden?:" ....while the Islamic Jihad 
- featured by the Bush administration as "a threat to America" - is 
blamed for the (9/11 attacks), these same Islamic organizations 
constitute a key instrument of US military intelligence in the 
Balkans and the former Soviet Union." In other words, they're 
(unwittingly) used to further US interests and at the same time 
justify Washington's war on Islam (aka the "war on terrorism").

Shikaki denied that PIJ or the Islamic Jihad Movement (IJM) practice 
"terrorism." On the contrary, "terrorism is practiced by a state 
(Israel) that is fully supported by the West. (It and especially 
America back) dictatorial regimes that are tyrannical, oppressive and 
practice human rights abuses on massive scales....Tens of thousands 
of Islamists have been arrested and....held under severe conditions." 
However, "only a small segment used violence against the 
state-sponsored and state-supported violence."

How can Palestinians be called terrorists. We "scream from pain and 
suffering and (are) defending (our) land against Jewish 
soldiers....We are calling for peace based on justice, rights and 
dignity. We must be dealt with as equals and as carriers of a great 
civilization. Only then will peace prevail in our region and the 
whole world....Our state is Palestine....As for the Jews, they have 
lived peacefully with us for centuries....They could (always) live 
among us freely, but not as a political entity....We don't espouse 
throwing the Jews into the sea (but) there will be no peace unless 
Palestine is returned to the Palestinians."

Al-Arian: Falsely Targeted For Supporting "Terrorism"

Because of his faith, ethnicity, political activism and prominence, 
Al-Arian became a prime target. He was falsely vilified for 
supporting terrorism. Then at the behest of Governor Jeb Bush and 
despite his tenured status, the University of South Florida fired him 
following his February 20, 2003 arrest. Ever since, he's been 
imprisoned and held in brutalizing and dehumanizing confinement in 
over a dozen maximum and other federal prison facilities. Only his 
spirit sustains him.

His June 2005 trial was a travesty. It lasted six months, cost about 
$50 million, and in the end Al-Arian was exonerated on eight false 
terrorism charges. On nine lesser ones, jurors were deadlocked 10 - 2 
for acquittal.

Al-Arian is a Palestinian refugee, a distinguished professor and 
scholar, community leader and civil activist. His crime - being an 
activist Muslim at the wrong time in America. After his exoneration, 
prosecutors planned to retry him but instead struck a secret plea 
bargain with his lawyers. It stipulated:

-- he neither engaged in or had any knowledge of violent acts;

-- that he would not be required to cooperate further with prosecutors;

-- and that he would be released on time served and deported 
voluntarily to his country of choice.

He remained in custody pending sentencing and deportation on May 1, 
2006. Yet he's still imprisoned and his ordeal continues. In October 
2006, assistant prosecutor Gordon Kromberg violated plea bargain 
terms by subpoenaing Al-Arian before a grand jury. It was to entrap 
him on perjury and obstruction of justice charges through clever and 
manipulative questioning.

At the time, he said this about all Muslims that should have 
automatically disqualified him: "If they can kill each other during 
Ramadan, they can appear before the grand jury - all they can't do is 
eat before sunset. I believe Mr. Al-Arian's request is part of the 
attempted Islamization of the American Justice System. I am not going 
to put off (his) grand jury appearance just to assist in what is 
becoming the Islamization of America." Following these comments, 
Al-Arian's attorney accused Kromberg of anti-Muslim bias and asked 
him to recuse himself. He denied the request and called Al-Arian 
before the grand jury.

He refused to testify and was held in contempt. He refused again 
before a newly convened grand jury, was again held in contempt, and 
had his sentence extended without mitigation until April 7, 2008. On 
March 3, 2008 (three weeks before his scheduled release and 
deportation), Al-Arian was again ordered to appear before another 
March 19 grand jury. He again refused, remained imprisoned, and on 
June 26 was indicted on two counts of criminal contempt.

Al-Arian's case is crucially important. It shows the peril of being 
Muslim in America. It also represents a disturbing abuse of the grand 
jury system before which Al-Arian has no obligation to testify. It's 
at a time our constitutional checks and balances have eroded, our 
civil liberties are weakest, a president has usurped "unitary 
executive" powers to claim the law is what he says it is, and when we 
teeter on the edge of tyranny unless these practices are stopped.

Law Professor and Lead Al-Arian Counsel Jonathan Turley

Turley calls Al-Arian's case "a classic perjury trap used repeatedly 
by the government to punish those individuals who could not be 
convicted before an American jury." All the more so if you're Muslim, 
high-profile, and easily exploited for political advantage.

On June 30, Al-Arian was arraigned before Judge Leonie Brinkema of 
the US District Court for the Eastern District of Columbia. Turley 
was denied the right to meet with him in advance and wasn't prepared 
to enter a plea. The Court did it for him - "not guilty." His trial 
is scheduled to begin on August 13, 2008.

Turley requested that Al-Arian be released on bail. He's not charged 
with terrorism, has no passport, and isn't a flight risk. Since 
charges involve contempt, there's no reason to hold him. He's lived 
in the country since 1975, has lawful alien status, his children are 
US citizens, and they have deep ties here. In addition, citizens have 
volunteered to be custodians, and Al-Arian is willing to be 
continually monitored under home confinement. Turley calls the 
government's actions "purely gratuitous and retaliatory under (these) 
conditions."

He further requested a bond hearing, and Judge Brinkema agreed. 
During his Florida trial, friends offered millions in property as 
security. They were denied. Prosecutors asked for a one-day trial. 
Turley requested three days and told Judge Brinkema that counsel 
believes Al-Arian's indictment is "invalid on its face." He didn't 
refuse to cooperate. He'd already given two detailed affidavits 
establishing that he had no knowledge of any crimes committed by the 
International Institute of Islamic Thought (a Herndon, Virginia think 
tank) or its officers. He also repeatedly asked to take a polygraph 
exam for verification. He was denied.

Turley also explained that the day before his indictment the 
government expressed satisfaction with his affidavits. By indicting 
him, "the government's long pattern of retaliation against Dr. 
Al-Arian has now degraded further into raw thuggery." It has no 
interest in truth and justice. It intends to act outside the law by 
whatever means it takes to keep an innocent man imprisoned. Al-Arian 
is now at Alexandria, VA City Jail awaiting his bond hearing.

On July 10 it was held, and for the first time since his February 
2003 arrest there was good news - at least so far. Over strong 
government objections, Judge Brinkema agreed that Al-Arian is not a 
flight risk or danger to his community and granted him bail. But it's 
not over yet because DOJ is sure to fight it. One possible way 
according to Turley - having ICE officials hold him for deportation 
and keep him imprisoned until his trial.

Turley cited Judge Brinkema's "significant statements in the hearing:

-- that she was getting "strange signals" about this case; that "the 
government should not be found to have harassed efforts for another 
government to accept Dr. Al-Arian under his plea agreement;

-- that the plea agreement still applies and the government is 
required to deport him "with expedition;"

-- should ICE resume custody, the deportation provision would be 
triggered; and

-- Judge Brinkema wants confirmation that Al-Arian already gave the 
government detailed statements and repeatedly offered to take a 
polygraph exam to prove his truthfulness.

Prosecutor Kromberg twisted the truth to deny Al-Arian bail. Turley 
expertly countered him. The week of July 14 he'll submit pre-trial 
motions and (formally) request Al-Arian's release on bail. DOJ will 
surely fight it. The case is far from resolved, and according to 
Turley: "Things are likely to become stranger still as the government 
continues its long campaign to hold Dr. Al-Arian by any means or 
method. We remain hopeful, however, that (he'll) be vindicated and 
(allowed) to leave the country" as his plea bargain stipulates.

Yassin Aref - Another Muslim Political Prisoner

A personal note. I've twice before written about Aref, discussed his 
case with his lawyers on my radio program, and have personal contact 
with him in prison. Like others of his faith, he was hunted down, 
rounded up, held in detention, kept in isolation, denied bail, 
restricted in his right and access to counsel, tried on secret 
evidence and trumped-up charges, then convicted in a kangaroo court 
proceeding and given a long prison term.

Like Al-Arian and other Muslims, Aref was targeted for his faith and 
ethnicity. He's an innocent man and another victim of police state 
justice. He's now serving a 15 year sentence at the secret Terre 
Haute, Indiana federal penitentiary's Communication Management Unit 
(CMU). Opened in December 2006, it's for "high-security risk" Muslim 
and Middle Eastern prisoners to limit or cut them off entirely from 
outside contact. Doing so violates the Supreme Court's 2004 Johnson 
v. California decision and Prison Bureau regulations. However, the 
courts and Congress haven't intervened.

Aref appealed on March 24, 2008 before the Second Circuit Court of 
Appeals in New York. After the proceeding, one of his pro bono trial 
lawyers, Stephen Downs, was hopeful but cautious. He explained that 
predicting the outcome was uncertain at best and foolhardy at worst.

On July 2 in United States v. Aref, the (three-judge panel) Appeals 
Court rendered a unanimous decision. Aref was denied, and unless a 
motion for rehearing or the Supreme Court decides otherwise, he'll 
remain imprisoned for 15 years. The Court issued an 11 page summary 
order rejecting evidentiary challenges and other defendant claims. 
Appeals Court lawyers Terrence Kindlon and Kathy Manley expressed 
profound disappointment with Kindlon saying: "I feel like somebody 
hit me in the face with a pie....We were feeling some optimism here. 
We thought there were some significant issues that dealt not just 
with the law but with some of the events that occurred throughout the 
course of the trial....I can honestly say I strongly and respectfully 
disagree with the decision."

A Schenectady, NY columnist, Carl Strock, was also dismayed and 
commented: "I thought the arguments (for reversal) were compelling, 
but I could hardly imagine an appeals court overturning a jury 
verdict in something so sensitive as Muslim terrorism, even if the 
terrorism was" bogus. The ruling "means it's OK for the FBI to lure 
law-abiding citizens (or legal residents) into doing something 
illegal" or that government prosecutors can claim (with secret 
evidence unavailable to counsel) is illegal and then arrest, charge 
and convict them for it. "That's the long and short of this case."

It's also OK for federal judges to assure jurors that the government 
has "good and valid (prosecutorial) reasons" even when there are 
none. The same government claimed "valid reasons" to invade Iraq and 
Afghanistan. We now know there were none.

Kindlon said he's preparing an en banc motion for rehearing before 
the full Appeals Court and a writ of certiorari petition to the 
Supreme Court asking it to review the lower court ruling. Winning a 
reversal in either court will be daunting given the preponderance of 
hard right federal judges on the bench. It shows what all Muslims 
(and the rest of us) are up against despite the important Boumedienne 
v. Bush Supreme Court decision. It ruled Guantanamo detainees have 
habeas rights even if they're not US citizens and are held outside 
the country. Despite having them, however, getting justice in US 
federal courts may prove a bridge too far. Especially for those 
targeted as enemies of the state with or without evidence.

Like Al-Arian, Aref is an innocent man. His crime is being Muslim at 
the wrong time in America. He committed no crime and was victimized 
by an FBI frame. I have direct contact with him in prison. We 
exchange letters and occasional emails when he's allowed to send and 
receive them. He's a friend and a supremely gracious and decent man. 
Injustice to him, Al-Arian and others denies it to everyone. Today 
we're all Yassin Arefs and Sami Al-Arians, Boumedienne v. Bush 
notwithstanding.

"I Am Not Surprised"

On the web site maintained for him (yassinaref.com), Aref responded 
to the Appeals Court decision in prose and poetry. Below are extended 
excerpts.

"I am not surprised. When they arrested me....I was shocked the next 
morning when they took me to court. I was surprised to see all those 
police, marshals and media, and I was really confused: what was all 
that about? Who am I (to be so important)? What did I do? What was 
going on? All of it was unbelievable. I (told) the marshals that 
there is a law in this country and I did nothing wrong, so the judge 
will free me and let me go back to my family."

He didn't and refused me bail, "claiming I was a flight risk and 
danger to the community, even" though I have no "travel documents and 
there was 50 cents in my wallet, plus I am stateless and have no 
country to go to. Above all, I did nothing wrong (and) have (nothing) to hide.

Then while....in jail....I understood what was going on....it's not 
me, it's politics and discrimination....if I was not a Muslim and 
Imam....never would I have been targeted (or) indicted" or tried 
without evidence. Even if they" tried me, no "jury (would) find me 
guilty," and if they did no judge would accept it. Even if the judge 
did, no "appeal court" would go along. "But all of this 
happened....because I was a foreigner, a Muslim who had a little beard.

All the government did was misrepresent their evidence to confuse the 
court and prevent justice from taking place." Everyone in the drama 
played a role. "But still I am happy because I did nothing wrong and 
harmed no one....what they did to me is wrong and not fair, and I 
believe the truth will never die and people will find it sooner or later."

The government "dishonored justice and humiliated the Constitution, 
not me. Anyone who knows me....knows I am innocent." Knows I'm not "a 
dangerous wild animal who must be locked down in an isolated unit. I 
am just a scapegoat for the (government's wrong policies and a victim 
(of) their nonsensical ongoing war." Millions of others are suffering like me.

"The government....know(s) very well I had nothing to do with 
terrorists or (have any) anti-American (beliefs) or (approve of) 
violence, and that never in my life did I participate in any fighting 
or....support any terrorists....I am just a Muslim and a stateless 
Kurd....Let the government celebrate their victory for destroying my 
family and for putting an innocent man in prison. Let the media" and 
appeals court support what they did. It changes nothing. "I am 
innocent and did nothing wrong.

I am grateful for everyone who has supported me, wished and prayed 
for the best for me and felt sorry for my family....They cannot put 
hate in my heart and revenge in my thoughts. I know it's not over, 
and I hope you believe the same and stay firm until justice takes 
place and the truth comes out. Please do not forget my family."

We never will Yassin or stop supporting your struggle for justice. Or 
other innocent victims like yourself.

For Muslims in America, Their Ordeal Continues

Rumors are circulating about new police state tactics later this 
summer - so the DOJ may open new investigations without evidence of 
wrongdoing. Merely on the basis of an undisclosed "terrorist profile" 
or "pattern of behavior" suggesting suspects should be watched and 
interrogated about their Muslim or Arab-connected activities. Other 
grounds as well - where they travel as well as their occupation, race 
or ethnicity. It means millions of Americans will be targeted at a 
time no one's civil liberties are protected. Bogus charges will be 
brought against innocent people, and if they're Muslims and called 
"terrorists" imagine what little justice they'll get.

Congress won't help either. It gutted the Fourth Amendment further 
after both Houses passed and George Bush signed (on July 10) the FISA 
Amendments Act of 2008. It's FISA on steroids and more by granting 
telecom companies retroactive immunity to conduct warrantless spying 
post-9/11. Obama and McCain supported it. So did most others in 
Congress. Everyone has reason to fear it. Muslims most of all. 
They've suffered hugely since 9/11. No letup is in sight. This is how 
a police state works. Congress, the courts, and executive are on 
board. So is his successor. Expect little change in 2009 and no open 
public debate. The law of the land is now lawlessness. No one is 
safe, and there's no place to hide.

Stephen Lendman is a Research Associate of the Centre for Research on 
Globalization. He lives in Chicago and can be reached at 
lendmanstephen at sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to The 
Global Research News Hour on RepublicBroadcasting.org Mondays from 
11AM - 1PM US Central time for cutting-edge discussions with 
distinguished guests. All programs are archived for easy listening.

<http://www.globalresearch.ca/index.php?context=va&aid=9569>click here



Authors Bio: I am a 72 year old, retired, progressive small 
businessman concerned about all the major national and world issues, 
committed to speak out and write about them.




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