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<h1><b>Al-Arian In Deportation Hold After Release for
Contempt</b></h1><font size=3><b>By
<a href="http://www.nysun.com/authors/Josh+Gerstein">JOSH GERSTEIN</a>,
Staff Reporter of the Sun | July 10, 2008<br>
</b>
<a href="http://www.nysun.com/national/al-arian-in-deportation-hold-after-release/81624/" eudora="autourl">
http://www.nysun.com/national/al-arian-in-deportation-hold-after-release/81624/<br>
<br>
</a>A federal judge is ordering a prominent Palestinian Arab activist,
<a href="http://www.nysun.com/related_results.php?term=Sami+Al-Arian">
Sami Al-Arian</a>, released pending a trial on criminal contempt charges,
but she has refused to block immigration authorities from detaining
Al-Arian as a prelude to his deportation.<br><br>
The upshot of the ruling from Judge Leonie Brinkema at a bail hearing at
<a href="http://www.nysun.com/related_results.php?term=Alexandria+%28Virginia%29">
Alexandria, Va.</a> this morning seemed to be that Al-Arian will stay
behind bars, at least for now. However, the decision puts the government
in the odd posture of detaining a man for a deportation authorities have
no immediate intention of carrying out.<br><br>
"It was a very good day," one of Al-Arian's lawyers, Jonathan
Turley, said in a brief telephone interview after the court session.
"She agreed with us that he's not a flight risk and not a danger to
the community, that that was not a barrier to bail."<br><br>
Mr. Turley said Judge Brinkema also said she was picking up "strange
signals" from the case and she warned the government that it should
not be using the contempt charges to delay Al-Arian's
deportation.<br><br>
The prosecutor at today's hearing, Gordon Kromberg, declined to comment
for this article.<br><br>
Under a plea agreement which resolved a terrorism-support case against
Al-Arian in 2006, the government agreed to deport him expeditiously once
he finished serving his criminal sentence in that case. An earlier trial
in that case, held in federal court in Tampa, Fla., resulted in some
acquittals for Al-Arian while jurors could not reach a unanimous verdict
on other charges.<br><br>
After pleading guilty, Al-Arian was called to appear before grand juries
in Virginia investigating a web of Islamic charities, including a think
tank, the International Institute for Islamic Thought. Al-Arian refused
to testify before the panels, asserting that his plea agreement precluded
the government from forcing his cooperation. However, two appeals courts
have rejected that argument. Al-Arian spent more than a year in jail for
civil contempt for defying the grand juries. His 57-month criminal
sentence was put on hold repeatedly while he was jailed for contempt, but
the criminal sentence ran out in April.<br><br>
Al-Arian has insisted he is being persecuted by Justice Department
officials sore over the disappointing result of the Tampa trial. Last
year, he went on a hunger strike for 57 days and lost over 40 pounds,
according to his supporters.<br><br>
Mr. Turley said Mr. Kromberg acknowledged that some of the questions the
government wants to ask Al-Arian pertain to issues raised at his Florida
trial. Al-Arian's lawyers fear such a tactic would be an attempt to retry
the Florida case by eliciting denials that could become the basis for
perjury charges.<br><br>
A trial on the criminal contempt charges is set for August 13. The law
sets no specific penalty for a conviction. In theory, Al-Arian could face
life in prison, or even the death penalty.<br><br>
Al-Arian, who was born in Kuwait, is a former computer science professor
at the University of South Florida who was a prominent figure in Arab and
Muslim political efforts in America, before he was indicted in 2002 and
accused of acting as a top leader of Palestinian Islamic Jihad.<br><br>
Al-Arian has been in government custody since he was indicted six years
ago. His wife and some of his children recently moved to Egypt. That
country has agreed to accept him if the deportation goes forward, Mr.
Turley said.<br><br>
<br><br>
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