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<dd><font face="Garamond" size=5 color="#990000">Dr. Al-Arian Granted
Bail<br>
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<dd><font face="Garamond" size=3 color="#333333">In hearing, prosecutors
send judge <br>
<dd> "strange signals"<br>
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<dd><font face="Garamond" size=2 color="#333333"> <br>
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<dd>
<img src="http://origin.ih.constantcontact.com/fs036/1102150754764/img/6.jpg?a=1102166788151" width=200 height=103 alt="Sami in Jail">
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<dd> <br>
<dd><font face="Garamond" size=3>Alexandria, VA. <br>
<dd>July 10, 2008 -<br>
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<dd> <br>
<dd>In perhaps the first promising development this year, a federal judge
granted Dr. Al-Arian bail today, acknowledging that he does not represent
any danger to the community. Judge Leonie Brinkema furthermore expressed
concern that government prosecutors were perhaps not revealing the
entirety of their motives, noting that she was receiving "strange
signals" from them. <br>
<dd> <br>
<dd> Nevertheless, despite this
encouraging ruling, Dr. Al-Arian may not be able to enjoy time outside of
jail; the Immigration and Customs Enforcement (ICE) has indicated that it
may invoke its jurisdiction to keep Dr. Al-Arian imprisoned, even though
it clearly has no intention of following through with his deportation
before the scheduled August 13th trial. (see below for more details)
<br>
<dd> <br>
<dd>
</font><font face="Garamond" size=3 color="#0066CC">What was crucial in
convincing the judge to grant Dr. Al-Arian bail was the heartfelt and
beautifully-articulated letters sent in by dozens of friends and
acquaintances of the Al-Arian family.</b></font> The Tampa Bay Justice
Coalition for Justice and Peace would like to express its sincere thanks
to everyone who took the time to write those letters as well as all of
you who continue to show their support at this critical time.
<font face="Garamond" size=3 color="#0066CC">Your support DOES</u> make a
difference.<br>
</b>
<dd> <br>
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<dd>(Click
<a href="http://rs6.net/tn.jsp?e=001YyjwNYgE5oKlLdeXOpBhEdKAdqW6nU9-3pKYpgGa9CYYTOkl7pPKoaAz2myQdRvk648Y5l-p7fy3C_ET22TEVsIHOiTW8tGLZ47c0T7Q3cn_LGrBo3y6xaSQNF5QcxG4">
here</a> to find out how YOU can
help!)<font face="Garamond" size=3 color="#0066CC"> <br><br>
</font>
<dd><font face="Garamond" size=4 color="#990000">Dr. Al-Arian's Attorney
discusses hearing in his best blog entry to date<br>
</b></font>
<dd><font face="Arial, Helvetica" size=2 color="#333333"> <br>
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<dd><font face="Garamond" size=3 color="#0000CC">
<a href="http://jonathanturley.org/2008/07/10/dr-sami-al-arian-granted-bail/" eudora="autourl">
http://jonathanturley.org/2008/07/10/dr-sami-al-arian-granted-bail/<br>
</a></font><div align="center">
<dd><font face="Arial, Helvetica" size=2 color="#333333"> <br>
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<dd><font face="Garamond" size=3> In a set back
for the government, Dr. Sami Al-Arian was granted bail by Judge Leonie M.
Brinkema today. Over the objections of the government and the pre-trial
services, Judge Brinkema agreed that Dr. Al-Arian was not a flight risk
and no danger to the community. The government has suggested that it may
now block release by having Immigration officials hold Dr. Al-Arian for
deportation - despite the fact that it is trying to hold him for years
under a criminal sentence rather than deport him.<br><br>
<dd> At the hearing, I was joined by my colleague
P.J. Meitl from the law firm of Bryan Cave. The government was
represented by Gordon Kromberg, who was joined at counsel table by Steve
Ward of the Joint Terrorism Task Force. Judge Brinkema specifically asked
him to identify Ward and immediately noted that his office is part of the
plea agreement with Dr. Al-Arian. Kromberg admitted that he was. This
would be important later during sharp exchanges with Kromberg over Dr.
Al-Arian's cooperation. Kromberg admitted that the alleged contempt by
Dr. Al-Arian was his refusal to answer questions from the Florida trial,
which was closed with the plea agreement. In this admission, Kromberg
established that Dr. Al-Arian is not being charged with failing to answer
questions about the IIIT investigation - which were addressed fully in
his affidavits. Rather, the government is trying to revisit the Florida
trial that it lost when a jury acquitted Dr. Al-Arian of various counts
(and came within two votes of acquitting him on all counts).<br>
<dd> <br>
<dd> Judge Brinkema made a number of significant
statements in the hearing. <br>
<dd> <br>
<dd> First, she warned the government that she
was getting "strange signals" for this case and that the
government should not be found to have harassed efforts for another
governments to accept Dr. Al-Arian under the plea agreement. <br>
<dd> <br>
<dd> Second, she stated that the plea agreement
continued to apply to the case and that the government is required to
deport him with expedition. <br>
<dd> <br>
<dd> Third, she said that any resumption of
custody by ICE would trigger the deportation provision. <br>
<dd> <br>
<dd> Fourth, Judge Brinkema specifically asked
for confirmation that Dr. Al-Arian had already made detailed statements
to the government and repeatedly offered to take a polygraph examination
to prove that he was not withholding information.<br>
<dd> <br>
<dd> On the question of the government's failure
to deport Dr. Al-Arian, we were astonished by Mr. Kromberg's insistence
that the government did not know of any travel document issued by the
Egyptian government. I objected that multiple copies were submitted to
the government weeks ago and that Mr. Kromberg was personally informed of
the travel documents before the indictment. Despite this record, Mr.
Kromberg suggested that Dr. Al-Arian was "a man without a
country" and thus could not be deported at this time.<br>
<dd> <br>
<dd> In one of the most curious moments, the
government insisted that Dr. Al-Arian had waived any claim under the
statute for deportation within the 90 day period. I immediately objected
and said that no such agreement was made. We agreed not to invoke the
plea agreement for part of the period of negotiation. We never agreed to
waive all statutory arguments of removal. The government, however, is
arguing that (unlike the plea agreement) the court should just read such
an understanding into prior emails between counsel. We will be submitting
these emails to the court to clearly show that no such waiver occurred
and the time for deportation has expired.<br>
<dd> <br>
<dd> The government also said that Dr. Al-Arian
had refused to meet face-to-face with investigators. We will be
submitting material today to the court to show that Dr. Al-Arian
repeatedly agreed to meet face-to-face with investigators and only
refused to revisit the Florida trial. On the questions related to IIIT,
Dr. Al-Arian not only submitted detailed answers but agreed to both meet
with investigators and to take a polygraph examination to prove that he
was not withholding information.<br>
<dd> <br>
<dd> Next week, we will be submitted pre-trial
motions as well as seeking Dr. Al-Arian's release from ICE custody. <br>
<dd> <br>
<dd> We are deeply grateful to Judge Brinkema for
her ruling today as well as her words of concern over the "strange
signals" in the case. Indeed, there is much strange about this case
such as the government claiming to be deporting someone who it is trying
to hold for years in a criminal indictment. Things are likely to become
stranger still as the government continues its long campaign to hold Dr.
Al-Arian by any means or method. We remain hopeful, however, that Dr.
Al-Arian will be vindicated and that the government will be forced to
comply with its commitment to allow him to leave the country.<br>
<dd> <br>
<dd>Jonathan Turley<br>
<dd>Lead Counsel to Dr. Sami Al-Arian<br><br>
<br><br>
<br>
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