[Ppnews] Sami Al-Arian - Judge Allows Defense to File Motion to Dismiss
Political Prisoner News
ppnews at freedomarchives.org
Mon Mar 9 21:07:23 EDT 2009
<http://www.freesaminow.com/>www.FreeSamiNow.com
Judge Allows Defense to File Motion to Dismiss
Says Justice Department's Integrity at Stake
Brinkema6
March 9, 2009 - Alexandria, VA - Judge Leonie Brinkema ruled in favor
of a defense request to file a motion to dismiss the charges against
Dr. Sami Al-Arian at a hearing in federal court today. Her decision
follows new revelations that prosecutors in Florida were opposed to
efforts by a Virginia prosecutor to call Dr. Al-Arian to testify in
another case. The judge's important decision raises the possibility
that Dr. Al-Arian's ordeal could be resolved and that he can finally
regain his freedom after six years of grueling legal battles.
During the hearing earlier today, Assistant U.S. Attorney Gordon
Kromberg argued for the fourth time that the entire issue of the 2006
plea agreement is irrelevant to the criminal contempt charges. The
judge has repeatedly rejected that argument, reaffirming on Monday
that the "record is incomplete" and that the government's response
poses more questions than answers. Judge Brinkema stated that there
was "enough smoke" in the facts of the case that needed to be cleared up.
By the end of the hearing, the judge said she was granting the
defense's request to file for a complete dismissal of the charges
because "the integrity of the Justice Department cannot be compromised."
The judge began the hearing by asking Kromberg how he became aware of
the plea agreement on March 1, 2006, despite the fact that it was
filed under seal in Florida the previous day, and was only known to
the parties involved. Evading the question, the prosecutor simply
stated that he was able to call Dr. Al-Arian to testify once the
Florida judge imposed the maximum sentence, a move that extended his
imprisonment by eleven months. Judge Brinkema agreed with lead
defense counsel Jonathan Turley that the plea agreement could not be
breached by the government simply because Dr. Al-Arian received a
longer sentence.
Judge Brinkema also pointed out that, contrary to the prosecution's
assertions, the issue of the plea agreement has never been resolved
since no other court has ever granted a hearing to examine all the
evidence. After Kromberg concluded his statement to the court,
Professor Turley noted that new facts had come to light in the
government's recent court motion that had not been previously
disclosed. Specifically, none of the courts that have addressed the
issue of the plea agreement were made aware of an internal split
within the Department of Justice on whether Dr. Al-Arian should be
called to testify in Virginia. It has since come to light that
prosecutors in Florida objected to efforts by Kromberg to compel Dr.
Al-Arian's testimony. Professor Turley concluded by saying that now
was the time for the court to consider these new facts and allow the
defense to argue for the dismissal of the charges.
In granting the motion, the judge expressed her disappointment with
the prosecutors' persistent refusal to present clear statements about
their conduct during the plea negotiations. She said that there are
serious questions about whether the government conducted bad faith
dealings with the defense that could now result in Dr. Al-Arian's
imprisonment. Before someone could be forced to give up their
individual liberty, she said, these issues should be resolved. She
suggested that although prosecutors had not offered their own
affidavits on the plea negotiations, she was "reading between the
lines" that there was "a meeting of the minds" that the intent of the
plea agreement was to conclude Dr. Al-Arian's business with the U.S.
government once and for all.
Although Judge Brinkema was originally expected to set a new trial
date during today's hearing, she instead gave the defense ten days to
submit a motion to dismiss the charges. Prosecutors will then have
ten days to respond.
An estimated twenty-five people, some hailing from as far as Tampa,
Florida, attended the hearing today to express their support for Dr.
Al-Arian. The Tampa Bay Coalition for Justice and Peace would like to
extend its appreciation to those individuals who have consistently
stood up for justice in Dr. Al-Arian's case, led by Dr. Al-Arian's
legal counsel, Professor Turley from George Washington University and
William Olson and P.J. Meitl from the law firm of Bryan Cave.
Freedom Archives
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San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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