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<a href="http://www.freesaminow.com/">www.FreeSamiNow.com</a><br>
</font><font face="Garamond" size=5 color="#990000"><b>Judge Allows
Defense to File Motion to Dismiss<br>
</font><font face="Garamond" size=3 color="#000033">Says Justice
Department's Integrity at
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<img src="http://ih.constantcontact.com/fs025/1102168938563/img/53.jpg?a=1102497107256" alt="Brinkema6">
<font face="Trebuchet MS" size=3>March 9, 2009 -</b> <b>Alexandria, VA
-</b> Judge Leonie Brinkema ruled in favor of a defense request to file a
motion to dismiss the charges against Dr. Sami Al-Arian at a hearing in
federal court today. Her decision follows new revelations that
prosecutors in Florida were opposed to efforts by a Virginia prosecutor
to call Dr. Al-Arian to testify in another case. The judge's important
decision raises the possibility that Dr. Al-Arian's ordeal could be
resolved and that he can finally regain his freedom after six years of
grueling legal battles.<br>
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During the hearing earlier today, Assistant U.S. Attorney Gordon Kromberg
argued for the fourth time that the entire issue of the 2006 plea
agreement is irrelevant to the criminal contempt charges. The judge has
repeatedly rejected that argument, reaffirming on Monday that the
"record is incomplete" and that the government's response poses
more questions than answers. Judge Brinkema stated that there was
"enough smoke" in the facts of the case that needed to be
cleared up. <br>
</font><font face="Arial, Helvetica" size=2 color="#333333"> <br>
</font><font face="Trebuchet MS" size=3>By the end of the hearing, the
judge said she was granting the defense's request to file for a complete
dismissal of the charges because "the integrity of the Justice
Department cannot be compromised." <br>
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The judge began the hearing by asking Kromberg how he became aware of the
plea agreement on March 1, 2006, despite the fact that it was filed under
seal in Florida the previous day, and was only known to the parties
involved. Evading the question, the prosecutor simply stated that he was
able to call Dr. Al-Arian to testify once the Florida judge imposed the
maximum sentence, a move that extended his imprisonment by eleven months.
Judge Brinkema agreed with lead defense counsel Jonathan Turley that the
plea agreement could not be breached by the government simply because Dr.
Al-Arian received a longer sentence. <br><br>
Judge Brinkema also pointed out that, contrary to the prosecution's
assertions, the issue of the plea agreement has never been resolved since
no other court has ever granted a hearing to examine all the evidence.
After Kromberg concluded his statement to the court, Professor Turley
noted that new facts had come to light in the government's recent court
motion that had not been previously disclosed. Specifically, none of the
courts that have addressed the issue of the plea agreement were made
aware of an internal split within the Department of Justice on whether
Dr. Al-Arian should be called to testify in Virginia. It has since come
to light that prosecutors in Florida objected to efforts by Kromberg to
compel Dr. Al-Arian's testimony. Professor Turley concluded by saying
that now was the time for the court to consider these new facts and allow
the defense to argue for the dismissal of the charges. <br><br>
In granting the motion, the judge expressed her disappointment with the
prosecutors' persistent refusal to present clear statements about their
conduct during the plea negotiations. She said that there are serious
questions about whether the government conducted bad faith dealings with
the defense that could now result in Dr. Al-Arian's imprisonment. Before
someone could be forced to give up their individual liberty, she said,
these issues should be resolved. She suggested that although prosecutors
had not offered their own affidavits on the plea negotiations, she was
"reading between the lines" that there was "a meeting of
the minds" that the intent of the plea agreement was to conclude Dr.
Al-Arian's business with the U.S. government once and for all.<br><br>
Although Judge Brinkema was originally expected to set a new trial date
during today's hearing, she instead gave the defense ten days to submit a
motion to dismiss the charges. Prosecutors will then have ten days to
respond. <br><br>
An estimated twenty-five people, some hailing from as far as Tampa,
Florida, attended the hearing today to express their support for Dr.
Al-Arian. The Tampa Bay Coalition for Justice and Peace would like to
extend its appreciation to those individuals who have consistently stood
up for justice in Dr. Al-Arian's case, led by Dr. Al-Arian's legal
counsel, Professor Turley from George Washington University and William
Olson and P.J. Meitl from the law firm of Bryan Cave.<br><br>
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