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<a href="http://www.freesaminow.com/">www.FreeSamiNow.com</a><br><br>
</font><font face="Garamond" size=5 color="#990000"><b>Govt Admits: Fla.
and Va. Prosecutors Were Split / Trial Postponed <br>
<div align="center"> <br>
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<font face="Garamond" size=3 color="#000033">Prosecutor Asks Judge to
Reconsider: Will Third Time Be a Charm? <br><br>
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<img src="http://ih.constantcontact.com/fs025/1102168938563/img/37.jpg?a=1102493628111" alt="DOJ Seal">
<font face="Trebuchet MS" size=3>March 7, 2009 -</b> <b>Alexandria, VA
-</b> According to federal court briefs filed on Wednesday,
Assistant U.S. Attorney Gordon Kromberg restated his request for the
judge to overturn her order compelling prosecutors to turn over evidence
regarding the 2006 plea negotiations. This marks the third time that the
government has defied the court's order, signaling a desperate move to
avoid revealing the facts in the 2006 plea negotiations. <br><br>
<a href="http://archive.constantcontact.com/fs025/1102168938563/archive/1102445792366.html">
On February 5th, Judge Leonie Brinkema ordered </a>the government to
provide affidavits by prosecutors from Florida and the Department of
Justice regarding their knowledge of the promises given to Dr. Al-Arian
in those negotiations. <br>
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Kromberg then filed a motion
asking the judge to reconsider her decision, which she
<a href="http://www.freesamialarian.com/index.php?option=com_content&view=article&id=444:abc&catid=17:2009&Itemid=71">
denied </a>in a February 20th hearing, giving prosecutors one week to
provide the evidence. <br><br>
On the eve of the February 27th
deadline, prosecutor Kromberg then asked for a five-day extension, which
the judge granted. However, on the day of the new deadline - which came a
month after the judge first ordered the evidence - the prosecutor defied
the judge's order, asking her once again to rescind it. In the March 4th
filing, he argued that the evidence is irrelevant. The latest government
filings also reveal a number of important facts:<br>
<br>
-Prosecutors in Virginia began the process of compelling Dr. Al-Arian's
appearance before a grand jury in the midst of the plea negotiations in
early 2006. <br>
<br>
-Prosecutors from Florida and the Department of Justice who were involved
in the negotiations objected to this move by Kromberg.<br>
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-Virginia prosecutors conceded that, following the plea
negotiations, both the defense and prosecution expected that Dr. Al-Arian
would be sentenced to time served and immediately deported.<br>
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-Virginia prosecutors then exploited the fact that the Judge in Florida
gave Dr. Al-Arian the maximum sentence despite the government's
recommendation of time served. They pressed for the grand jury appearance
even though the cooperation clause was explicitly removed from the plea
agreement.<br>
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-The filing also concedes that the standard cooperation clause, which was
explicitly removed from the plea agreement, compels defendants to
cooperate or testify in front of any grand jury upon the government's
request.<br>
<br>
These revelations raise a number of
questions about the government's conduct in Dr. Al-Arian's case, among
them: Why would the Florida prosecutors remove the cooperation clause
from the plea agreement unless there was a clear promise that Dr.
Al-Arian would not be compelled to cooperate or testify?
<a href="http://www.freesamialarian.com/index.php?option=com_content&view=article&id=295:william-b-moffit-declaration-on-plea-deal&catid=2:latest-news&Itemid=85">
Sworn statements </a>by Dr. Al-Arian's
<a href="http://www.freesamialarian.com/index.php?option=com_content&view=article&id=296:linda-moreno-declaration-on-plea-deal&catid=2:latest-news&Itemid=85">
attorneys</a> affirm that non-cooperation was central to the
negotiations. Furthermore, why would the Florida prosecutors object to
Kromberg's attempts to compel Dr. Al-Arian's grand jury testimony unless
"non-cooperation" was part of the agreement?<br>
<br>
Given these revelations, it comes as
no surprise that prosecutors have continuously defied Judge Brinkema's
order and refused to submit their affidavits regarding the plea
negotiations. As the judge noted during the February 20th hearing,
"If somebody is unwilling to divulge something, they must have
something to hide."<br>
<br>
These latest events underscore the
clear abuse of power by the government in this case. Not only has the
Department of Justice extended Dr. Al-Arian's imprisonment by over one
year based on civil contempt, it has also insisted on prosecuting him on
charges of criminal contempt, despite acknowledging that "no
cooperation" was a crucial element of the deal between the parties.
<br>
<br>
As Dr. Al-Arian's former attorneys
Bill Moffitt and Linda Moreno stated in their affidavits, this "bait
and switch" tactic against Dr. Al-Arian undermines confidence in
good faith dealings with the Department of Justice in general.<br>
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There will be a hearing in the case on Monday, March 9th at 11 a.m. sharp
at the Alexandria Federal Courthouse. The courthouse (address below) is
within walking distance from the King Street Station (Blue and Yellow
Lines). <a href="http://www.wmata.com/">Click here for metro schedules
and maps</a>. <a href="http://maps.google.com/">Click here for Google
Maps </a>for directions to the courthouse.<br>
<br>
Albert V. Bryan U.S. Courthouse<br>
401 Courthouse Square<br>
Alexandria, VA 22314<br>
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<font face="Trebuchet MS" size=3>All supporters and people of conscience
are encouraged to attend. The judge is expected to rule on this crucial
issue for a third time and set a new trial date.<br>
</font> <br>
<font face="Trebuchet MS" size=3>(See attached
<a href="http://www.freesamialarian.com/index.php?option=com_content&view=article&id=453:prosecutors-defy-judges-order-in-al-arian-casefederal-judge-says-sami-al-arian-plea-deal-does-matter&catid=23:2009&Itemid=77">
St. Petersburg Times </a>and
<a href="http://www.freesamialarian.com/index.php?option=com_content&view=article&id=451:prosecutors-defy-judges-order-in-al-arian-case&catid=23:2009&Itemid=77">
Associated Press </a>articles on the latest development in the case.)
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