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<font size=3>RIGHTS-US: Critics See Vendetta in Al-Arian's Legal
Limbo<br>
<a href="http://www.ipsnews.net/news.asp?idnews=43047" eudora="autourl">
http://www.ipsnews.net/news.asp?idnews=43047<br><br>
</a>By Ali Gharib<br>
<a href="http://www.ipsnews.net/news.asp?idnews=43047">
<img src="http://www.ipsnews.net/fotos/Al-Arian_family.jpg" width=200 height=142 alt="[]">
</a><br>
Sami Al-Arian with son Ali and daughter Lama. <br><br>
</font><font size=1 color="#666666">
<a href="http://www.ipsnews.net/news.asp?idnews=43047">Credit:The
Al-Arian Family<br><br>
</a></font><font size=3><b>WASHINGTON, Jul 2 (IPS) - Palestinian activist
and former university professor Sami Al-Arian was arraigned Monday in
U.S. federal court on two counts of criminal contempt for his refusal to
testify in a grand jury investigation of a Northern Virginia Muslim
think-tank.<br><br>
</b>The indictment is the latest episode of a long, Kafka-esque process
that has violated nearly every tenet of Al-Arian's plea agreement
following the end of his first trial in 2005, and kept Al-Arian in prison
for over five years. <br><br>
"The government has made a complete mockery of the plea
agreement," Al-Arian's attorney, Jonathon Turley, told IPS.
"Dr. Al-Arian has received zero benefit from his plea
agreement." <br><br>
Supporters of Al-Arian cited the charges as an attempt by an overzealous
Justice Department prosecutor to keep Al-Arian behind bars indefinitely
despite an inability to secure a jury conviction. There is no maximum
penalty for criminal contempt. <br><br>
"The whole case against him is a vindictive act by sore losers that
lost the Florida case badly because there was no evidence,"
Al-Arian's daughter, Laila, told IPS. "So they're manufacturing
crimes to keep him in prison as long as possible. It's almost as if the
whole plea agreement was just a way to buy time." <br><br>
The indictment said that Al-Arian had refused to testify in violation of
a court order. But Al-Arian's defence holds that his subpoena was out of
line with his original agreement, which included an express promise that
Al-Arian did not have to cooperate further with the government. <br><br>
On Monday, Al-Arian was moved from an Immigration and Customs Enforcement
(ICE) jail to the Alexandria courthouse where he was arraigned. He had
been in ICE custody for over three months awaiting an expedited
deportation as part of the 2005 plea. <br><br>
In ICE prisons, which have been the target of frequent criticism for
their harsh conditions, Al-Arian was only allowed one visitor per month.
When arraigned on Monday, Al-Arian and his defence did not enter a plea
because they had not had the chance to discuss the charges yet, Turley
wrote on his blog. The court entered a not guilty plea. <br><br>
The think-tank, the International Institute for Islamic Thought (IIIT),
is under investigation for alleged ties to terrorism. Al-Arian's defence
contends that he gave two affidavits making clear that he has no
knowledge of crimes committed by IIIT, and he has offered to take a
polygraph lie-detection test to back them up. <br><br>
Turley told IPS that this constituted cooperation and that Gordon
Kromberg, the assistant U.S. attorney who signed the indictments, had
agreed -- sending Turley an e-mail saying that it looked like the
proposed resolution would work. The next day, Turley learned of the
indictments from the media. <br><br>
Kromberg has been criticised for prosecutorial abuses ranging from
stoking Islamophobia among jurors to get convictions, to outright
anti-Muslim comments as recorded in court motions, and -- perhaps most
shockingly -- punishing defendants that a jury will not convict.
<br><br>
In 1999, at a Cato Institute event on asset forfeiture reform to curb
abuses, Kromberg spoke out in favour of broad governmental powers to
seize belongings. In Reason Magazine, Michael Lynch's retelling of the
Cato event noted that jaws hit the floor when Kromberg, opposed by much
of the crowd in defending forfeiture, said that prosecutors should be
able to punish wrongdoing if they are convinced it occurred. <br><br>
"He knew these people were guilty and was certain they needed to be
punished," Lynch paraphrased Kromberg's position. "Should we
let these people get away, he asked, before answering in an illuminating
way: Not if we can punish them through other means." <br><br>
While the forfeiture battle was a far cry from prosecuting terrorism
suspects, Kromberg's assertions about prosecutorial powers is germane to
Al-Arian's case in that it reveals his thinking about punishing those he
deems guilty even if a jury refuses to do so. <br><br>
Critics also accuse Kromberg of having an anti-Muslim bias, springing in
part, they say, from a strong affinity for Israel. <br><br>
Kromberg participated in a United Jewish Committee's mission to Israel
and kept a diary in which he writes of visiting sites of previous
terrorist attacks and discusses some of the politics of the
Israeli-Palestinian conflict. <br><br>
In the diary, Kromberg refers to the occupied territories of the West
Bank by the name "Judea and Samaria" -- a term favoured by
right-wing Israelis who often oppose land concessions and a two-state
solution -- and referred to "the enthusiasm of the Palestinians to
use mass murder as a tool against the Israelis for no apparent end other
than to destroy Israel." <br><br>
Al-Arian has been significantly engaged in Muslim and Palestinian
activism since the late 1970s. <br><br>
In a court motion, one of Al-Arian's legal team quoted Kromberg as
saying, "If they [Muslims] can kill each other during Ramadan, they
can appear before the grand jury," in response to request that
Al-Arian's jail transfer be delayed until after the Muslim holy month had
ended. <br><br>
Al-Arian was initially arrested in 2003 and kept in jail for two and half
years before his first trial on terrorism charges. <br><br>
The George W. Bush administration was embarrassed when it couldn't secure
a single conviction in one of its highest-profile terrorism cases against
the man who then-attorney general John Ashcroft accused of being the head
of a Palestinian terrorist organisation. <br><br>
Facing retrial on the deadlocked charges, Al-Arian decided to spare his
family the agony of another long trial ordeal by pleading to a lesser
charge of aiding associates of Palestinian Islamic Jihad and directly
aiding the group before its designation as a terrorist organisation by
the U.S. in 1997. <br><br>
But Al-Arian set conditions for his agreement. Witnessing the strains
that his imprisonment and trial had put on his own family, he refused to
work with the government on other cases. He also demanded an expedited
deportation when the sentence for his guilty plea expired. <br><br>
Melva Underbakke, the head of a Tampa-based rights organisation who drove
nine hours to attend the arraignment, said, "You got the feeling
[Al-Arian] has been through this before. The Al-Arian family is amazing.
They looked strong." <br><br>
Al-Arian will have a hearing next week to determine if he can be released
on bond pending trail. The government opposes this, but Al-Arian's legal
team contends that he is not a flight risk. <br><br>
"Dr. Al-Arian (1) has lived in this country for over 30 years; (2)
had lawful alien status; (3) has family with deep ties in the country;
(4) has citizens willing to serve in a custodial status; (5) has no
passport; and (6) is willing to be continually monitored under home
confinement. The opposition of the government is purely gratuitous and
retaliatory under such conditions," wrote Turley in his blog.
<br><br>
(END/2008) <br><br>
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