[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


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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.





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