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Tampa Bay Coalition for Justice and Peace<br>
July 2, 2008<br><br>
Trial Date Set; Judge to Consider Releasing Dr. Al-Arian Pending
Trial<br><br>
ALEXANDRIA—Dr. Sami Al-Arian was arraigned before the federal court of
Judge Leonie Brinkema on Monday. After attorney Jonathan Turley did not
enter a plea, Judge Brinkema entered a plea of not guilty on Dr.
Al-Arian's behalf. <br><br>
Dr. Al-Arian was indicted on two counts of criminal contempt on June 26.
At the arraignment hearing, Turley indicated that there would be some
major pre-trial motions that would demonstrate the illegitimacy of the
indictment for a number of reasons. <br><br>
Dr. Al-Arian has always maintained that the plea agreement he signed with
federal prosecutors in 2006 protected him from being forced to cooperate
with the government. Furthermore, according to that agreement, he was to
be deported immediately upon concluding his sentence on April 7. Since
the indictment was issued two and a half months later, it is also in
contravention of the plea agreement. <br><br>
Finally, Turley told Brinkema that it was not even established that Dr.
Al-Arian refused to cooperate. On his blog, Turley previously wrote that
Dr. Al-Arian submitted at least two sworn statements addressing
government documents and denying any knowledge of criminal behavior on
the part of an Islamic think tank based in Virginia. Dr. Al-Arian also
offered to take a polygraph test to assert that he was being
truthful.<br>
Brinkema set a deadline of August 8 for all pretrial motions. She then
set a trial date of August 13, though defense attorneys had requested it
be set for September. <br><br>
Dr. Al-Arian was also ordered moved to the Alexandria Detention Center
while awaiting trial. The hearing was delayed for four hours because he
was being transported from Portsmouth, Virginia, over 200 miles away. Dr.
Al-Arian has spent the past two months there, in the custody of
immigration authorities. <br><br>
The last issue discussed at the hearing was the defense's request for Dr.
Al-Arian to be released on bond pending trial. Dr. Al-Arian has been
imprisoned continuously for more than five years, since his arrest on
February 20, 2003. He has served his sentence and now awaits trial on a
minor charge. Turley pointed out that Dr. Al-Arian deserves to be
released and is not a flight risk since the government holds all his
travel documents. In addition, he has lived in the United States for more
than 33 years and his wife and children are all American citizens.
Brinkema stated that she would consider releasing Dr. Al-Arian on bond,
pending his interview with pre-trial services and a bond hearing that has
yet to be scheduled. <br><br>
In attendance at the hearing were three of Dr. Al-Arian's children, as
well as members of Friends of Human Rights, from Tampa. There were also
members of the local American Muslim community and national media
correspondents.<br><br>
All concerned citizens are urged to write to Judge Brinkema in support of
Dr. Al-Arian's release on bond pending trial. Writers should attest
to his character and request that he be allowed to rejoin his
family.<br><br>
If you would like to know, how and where to send the letters, please
email: samialarianactioncommittee@gmail.com<br><br>
-END-<br><br>
RECENT ARTICLES ABOUT THE CASE:<br>
1. Al-Arian's lawyer disputes contempt charges<br>
By MATTHEW BARAKAT, The Associated Press
<br>
ALEXANDRIA, Va. -<br>
A former professor once accused of being a terrorist leader is now
defending himself against criminal contempt charges that never should
have been filed, his defense lawyer said Monday.<br><br>
Defense lawyer Jonathan Turley said the contempt charges against his
client, former University of South Florida computer science professor
Sami Al-Arian, were filed just a day after he had essentially reached an
informal deal to cooperate and provide information sought by federal
prosecutors.<br><br>
A grand jury in Alexandria indicted Al-Arian on Thursday on two counts of
criminal contempt for allegedly refusing on two occasions to provide
grand jury testimony related to an investigation of a cluster of Muslim
organizations based in northern Virginia. Al-Arian had been granted
immunity for his testimony so he could not invoke his constitutional
rights against self-incrimination.<br><br>
Turley said in an interview Monday that he and Al-Arian feared that
prosecutors were simply hauling him in front of the grand jury to put him
at risk of perjury.<br><br>
Despite those fears, Turley said he had been negotiating for months with
prosecutors to find a way to give the government the information it was
seeking.<br><br>
READ MORE: <br>
<a href="http://www.examiner.com/printa-1466349~Al" eudora="autourl">
http://www.examiner.com/printa-1466349~Al</a>-<br>
Arian's_lawyer_disputes_contempt_charges.html<br><br>
2. Dr. Sami Al-Arian Arraigned, BY JONATHAN TURLEY,
jonathanturley.org<br><br>
Dr. Al-Arian was arraigned today before United States District Judge
Leonie Brinkema of the United States District Court for the Eastern
District of Columbia. In court were three of <br><br>
Dr. Al-Arian's children and, despite to changes to the hearing time,
supporters of Dr. Al Arian.<br><br>
Dr. Al-Arian did not enter a plea today. As I informed the Court, the
first time that we were able to sit down with Dr. Al-Arian since his
indictment was in the courtroom. In light of that fact, I stated that we
were not prepared to enter a plea. The Court then entered a not guilty
plea.<br><br>
The Court scheduled a trial beginning on August 13, 2008.<br><br>
We also asked for Dr. Al-Arian's release pending trial. There is no
compelling reason to hold Dr. Al-Arian who is not facing any terrorism
charge. While the government has claimed that he is a flight risk, it is
absurd to suggest that he would flee. He has children (who are U.S.
citizens) living in the area and he has no passport. Since this is a
contempt case, there would normally be no reason to deny such a bond. 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.<br><br>
READ MORE:
<a href="http://jonathanturley.org/2008/06/30/dr-sami-al-arian-arraigned/" eudora="autourl">
http://jonathanturley.org/2008/06/30/dr-sami-al-arian-arraigned/<br><br>
</a>3. Indicted, Sami Al-Arian Faces Possible Life Imprisonment, John
Halliwell, dailykos.com<br><br>
Last March, Sami Al-Arian was given a choice: 1) damned if you do; and 2)
damned if you don't; he chose "damned if you don't". Finally, a
full three months after making that decision, he was formally charged
last Thursday with contempt of court, a crime which has no maximum
penalty. In other words, Dr. Al-Arian - a man whose innocence has been
grudgingly admitted by even his worst enemies* - is now facing the
possibility of life in jail all because he had the guts to stand up for
what he believes in.<br><br>
READ MORE:
<a href="http://www.dailykos.com/story/2008/7/1/94641/22802/440/544682" eudora="autourl">
http://www.dailykos.com/story/2008/7/1/94641/22802/440/544682<br><br>
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