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<h2>FEDERAL COURT DISMISSES ALL CHARGES AGAINST DR. SAMI AL-ARIAN</h2>
<p class="post-info">1, June 27, 2014 by <a
href="http://jonathanturley.org/author/jonathanturley/"
title="Posts by jonathanturley">jonathanturley</a><br>
<b><small><small><small><a class="moz-txt-link-freetext" href="http://jonathanturley.org/2014/06/27/federal-court-drops-all-charges-against-dr-sami-al-arian/">http://jonathanturley.org/2014/06/27/federal-court-drops-all-charges-against-dr-sami-al-arian/</a></small></small></small></b><br>
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<p> It is with a great sense of relief and thankfulness that I can
now report that all charges have been dropped against my client
Dr. Sami Al-Arian. Minutes ago, United States District Judge
Anthony J. Trenga signed the order dismissing the indictment
against Dr. Al-Arian. The case was before Judge Leonie M.
Brinkema, but it was Judge Trenga who signed the order on Friday
afternoon.</p>
<p><span id="more-80610"></span></p>
<p> I have represented Dr. Al-Arian for roughly eight years as we
fought against his deportation and the dismissal of these charges.
We have litigated the case from the 11th Circuit to the 4th
Circuit to the Supreme Court and back again. It has been a long
and difficult road for the Al-Arian family.</p>
<p>In September 2004, Dr. Sami Amin Al-Arian was charged, along with
various co-defendants, in a 53-count Superseding Indictment.
Following a highly publicized six-month trial in 2005, Dr.
Al-Arian was acquitted on eight counts and the jury was unable to
reach a unanimous verdict on the remaining nine counts. There were
only two jurors who voted against acquitting Dr. Al-Arian of all
of the remaining counts.</p>
<p>As the government considered whether to bring charges against Dr.
Al-Arian on the remaining counts, the parties began to negotiate a
plea agreement. As a result of these negotiations, Dr. Al- Arian
executed a written plea agreement on February 28, 2006. Pursuant
to this agreement, Dr. Al-Arian committed to pleading guilty to
Court 4 of the Superseding Indictment. The narrative of this count
largely dealt with a statement that Dr. Al- Arian made to a
reporter and his support with an immigration matter for a person
“associated” with the Palestinian Islamic Jihad (PIJ). The count
notably did not admit to any of the core terrorism charges levied
against him regarding alleged leadership in PIJ and the other
terrorism acts. Dr. Al-Arian was sentenced to a 57-month term of
imprisonment on May 1, 2006.</p>
<p>In fact, as evidence of the high-profile nature of the case,
then-Attorney General Ashcroft called an unorthodox press
conference to announce Dr. Al-Arian’s arrest. Ashcroft had
publicly and repeatedly cited the prosecution as a major victory
in his administration. See, e.g., Paul Lomartire, Professor Says
Terrorism Arrest ‘All About Politics,’ Cox News Service, Feb. 20,
2003. A movie has since been made of the trial and hundreds of
articles have appeared in local and national publications
regarding the case.</p>
<p>The trial loss and plea agreement was viewed as a significant
defeat for the Justice Department. In the immediate aftermath of
the settlement and public criticism, prosecutors set out to call
Dr. Al-Arian to a grand jury despite his prior insistence that he
would not cooperate in such an investigation as a condition of his
plea agreement.</p>
<p>The result was a highly abusive incarceration of Dr. Al-Arian and
eventually this indictment for criminal contempt (for refusing to
testify) in 2008 by the Justice Department. He was indicted
despite my producing a polygraph showing that he could offer
nothing of the matters under investigation by the grand jury and a
sworn detailed declaration of his lack of knowledge. We filed a
series of motions contesting the indictment for selective
prosecution, errors in the indictment, and a clear violation of
the agreement made by the Justice Department.</p>
<p>A few years ago, we were able to have Dr. Al-Arian released from
jail and later we were able to have his home confinement
conditions lifted. He has lived with his family in Virginia.</p>
<p>This case remains one of the most troubling chapters in this
nation’s crackdown after 9-11. Despite the jury verdict and the
agreement reached to allow Dr. Al-Arian to leave the country, the
Justice Department continued to fight for his incarceration and
for a trial in this case. It will remain one of the most
disturbing cases of my career in terms of the actions taken by our
government. However, despite our often heated hearings in this
case, I thank those at the Justice Department who agreed to the
dismissal of the indictment. This family has been put through over
a decade of grinding, unrelenting litigation. It is time to bring
closure to this matter once for all.</p>
<p>I am very thankful to the many law students who have assisted me
on this case as well as the help of the law firm of Bryan Cave as
local counsel in the case. We have represented Dr. Al-Arian pro
bono because of the important constitutional and ethical issues
raised by his case. The core values underlying this defense
ultimately prevailed but only due to the extraordinary effort of
Dr. Al-Arian, his loyal family, and a wide array of supporters. It
is often said that Justice delay is Justice denied. However,
despite this delay, justice did ultimately prevail for not just
the Al-Arians but our legal system.</p>
<p>Jonathan Turley</p>
<p>STATEMENT FROM AL-ARIAN FAMILY<br>
June 27, 2014</p>
<blockquote>
<p>We are glad that the government has finally decided to drop the
charges against Sami Al-Arian. It has been a long and difficult
11 years for our family in what has ultimately been shown to be
a political case. We are relieved that this ordeal finally
appears to be at an end. We hope that today’s events bring to a
conclusion the government’s pursuit of Dr. Al-Arian and that he
can finally be able to resume his life with his family in
freedom. </p>
<p>We are so grateful to our brilliant attorney, Jonathan Turley
and his legal team for their tireless efforts and advocacy on
our behalf. Thank you to all of our supporters around the
country and across the globe, who have stood behind us
throughout the years. </p>
</blockquote>
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