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<font face="Garamond" size=5 color="#990000"><b>Florida Plea Bargain
Revisited As Legal Battle Rages On <br>
</font><font face="Garamond" size=3 color="#000033">Government must hand
over important information on 2006 Plea Bargain / Other motions put off
for another hearing</font><font face="Garamond" size=5 color="#990000">
<br>
</font><font face="Garamond" size=4 color="#990000"> <br>
</font><font face="Trebuchet MS" size=3>February 5, 2009 -</b>
<b>Alexandria, VA -</b> An important hearing was held today in the
criminal contempt case of Dr. Sami Al-Arian. Although Judge Leonie
Brinkema of the Eastern District of Virginia (EDVA) had originally been
expected to rule on several motions submitted by both the defense and
government, she postponed her decision.Instead, the judge chose to focus
on the defense's motion to compel discovery, that is, to force the
government to hand over crucial evidence regarding Dr. Al-Arian's
original plea agreement concluded in 2006. In a move that could prove
pivotal to Dr. Al-Arian's defense, Judge Brinkema granted that
request. <br>
<br><br>
Since Dr. Al-Arian was first called
before a grand jury in October 2006, his attorneys have argued that the
Florida plea bargain exempts Dr. Al-Arian from having to cooperate with
the government (including testifying). During the negotiations over the
plea agreement in early 2006, Dr. Al-Arian's then-attorneys submitted
affidavits saying that Dr. Al-Arian's non-cooperation was non-negotiable.
In a subsequent hearing held in November of that year, government
prosecutor Terry Zitek stated in no uncertain terms that the cooperation
clause was deliberately removed: "It's not there, and we're [the
government] not...complaining that the defendant Al-Arian has refused to
cooperate." To date, the government has not turned in any evidence
on the plea negotiations, nor has it tried to rely on earlier drafts of
the agreement which contain the cooperation clause that was ultimately
removed.<br><br>
</font><font face="Trebuchet MS" size=2 color="#333333"><b>
</b></font><font face="Trebuchet MS" size=3>Over the government's
strenuous objections, Judge Brinkema maintained that the facts in
"this unique case" are incomplete and that she could not
proceed without more information from the record. She further said that
she saw "a hole in this case," given that the prosecution has,
until now, not submitted any evidence regarding what transpired in the
2006 plea negotiations. The judge also stressed that, since this is now a
criminal case, it is critical that she possess all the relevant
information.<br>
<br>
Today's ruling will compel the
government to produce facts and documents that will help determine
whether Dr. Al-Arian was acting in good faith when he maintained that his
plea agreement exempted him from having to testify before subsequent
grand juries. In addition, the judge noted that, should the case move to
the point of sentencing, this information would likely be necessary.
<br>
<br>
Eyebrows were raised when the lead
government prosecutor himself, Gordon Kromberg, conceded in court today
that the government had in fact removed the cooperation clause from the
plea bargain upon the insistence of Dr. Al-Arian. Mr. Kromberg, however,
tried to argue that the Eastern District of Virginia was not bound by the
terms of the agreement. The judge, for her part, pointed out that the
plea agreement was concluded with the Department of Justice (DOJ) as a
whole, and that the DOJ could not be allowed to
"compartmentalize" itself and that the understanding of the
plea agreement is indeed "at the heart of the case."<br>
<br>
Beyond the issue of the Florida plea
agreement, the next step in the case will be for the judge to revisit the
remaining motions submitted by Dr. Al-Arian, as they will determine what
defenses will be allowed during the March 9th trial. In an earlier
hearing, Judge Brinkema denied the government's motion which sought to
bar Dr. Al-Arian from arguing that he was acting on the advice of his
attorney's counsel when he decided to refuse to testify before a grand
jury on March 20th, 2008. Nevertheless, the government has asked the
judge to reconsider.<br>
<br>
Around twenty friends and supporters
attended the hearing today, some hailing from as far away as Tampa,
Florida. The Tampa Bay Coalition for Justice and Peace would like to
thank all those who came, as well as everyone else who was there in
spirit. Every bit of support does make a difference.<br>
<br>
The March 9th trial is fast
approaching. The next hearing (which has yet to be scheduled) will also
be very important, since the judge is expected to decide what defenses
will be allowed in trial. Further updates will be provided in the near
future. <br><br>
<br><br>
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