Sami Al-Arian: Difference between revisions

Dr. Sami Amin Al-Arian (Arabic: سامي العريان; born January 14, 1958, in Kuwait), a resident of Temple Terrace, Florida, is a civic activist, and a former University of South Florida College of Engineering professor of computer engineering.^[4]

He was indicted in 2003 on multiple counts related to supporting international terrorism. After a trial in which he was acquitted on 8 of 17 counts, and the jury deadlocked on the remaining 9 counts (10-2 favoring acquittal), he pleaded guilty in 2006, pursuant to a plea agreement, to conspiracy to help a "specially designated terrorist" organization, the Palestinian Islamic Jihad.^[5][1][2]

Al-Arian was sentenced to 57 months in prison, given credit for time served, and ordered deported following his prison term.^[2] He was to serve the balance of 19 months.

In March 2008, the United States Department of Justice subpoenaed Al-Arian to testify before another grand jury. He refused to testify, and prosecutors charged him with criminal contempt in June 2008.^[6][7] On September 2, 2008, Al-Arian was released from detention on bond.^[8] He remains under house arrest, as he awaits a trial on contempt charges.^[9][10]

Al-Arian was born in Kuwait, the son of Palestinian refugees.^[11][12] He has a brother named Khaled Al-Arian.^[13] He came to the U.S. in August 1978, with an Egyptian passport and a student visa, to attend North Carolina State University.^[13][3] He obtained his Bachelor's Degree, graduating in 1978 with a major in Electrical Engineering, and completed his Master's Degree and Ph.D. in computer engineering in 1980 and 1985 respectively.^{[citation needed]} In 1986, he was hired as a professor in the Computer Sciences Department of the College of Engineering at the University of South Florida (USF) in Tampa.^{[citation needed]}

He became a permanent resident alien of the U.S. on March 27, 1989.^[13][3] On or about December 30, 1993, he allegedly filed a false application with the U.S. Immigration and Naturalization Service to become a U.S. citizen.^[13][3] He is married to Nahla Al-Arian, and has five children.^[14] His son Abdullah Al-Arian was an intern for U.S. Representative David E. Bonior in 2001.^[15] Al-Arian's eldest daughter, Laila Al-Arian, is a producer for Al Jazeera English in Washington, DC, and a contributor to the Huffington Post^[16] and The Nation.^{[17][dead link]}

In 1981 Al-Arian helped establish the Islamic Society of North America. He also established the Islamic Committee for Palestine (ICP) in October 1988,^[13] purportedly to raise awareness of the plight of the Palestinians; allegedly, however, it was part of a criminal enterprise with PIJ.^{[14][5][13][3]} In February 1991, he founded the World and Islam Studies Enterprise (WISE), an academic institution whose purpose was purportedly to promote dialogue between the Muslim and Western worlds; allegedly, however, it was part of a criminal enterprise with PIJ.^[13][3]

On April 17, 1991, he allegedly gave a speech in which he praised individuals who had escaped from prison with the help of the PIJ, and then killed many people, and also spoke in favor of jihad.^[13][3] On September 29, 1991, he allegedly said in a speech that Allah had made Jews monkeys and swine, and damned them in this world and the afterworld.^[13][3] On April 27, 1992, he allegedly modified computer files at WISE/ICP that contained the wills of three PIJ suicide bombers.^[13][3] He was Chairman of the Board of the Islamic Academy of Florida (IAF) from its August 1992 founding until at least June 2002; allegedly, it was used by the PIJ to provide some of its members as cover as employees.^[13][3] On June 3, 1993, he allegedly sent moneys to families of four PIJ terrorists who had killed three Israelis.^[13][3]

Al-Arian performed services for the PIJ in 1995 and thereafter, knowing that it achieved its objectives by violence, among other means, and that it had been declared a Specially Designated Terrorist by the U.S.^[1] Among other things, he filed for immigration benefits for people associated with the PIJ, hid the identities of individuals associated with the PIJ, and provided assistance to a person associated with the PIJ in a U.S. court proceeding.^[1]

On February 10, 1995, he allegedly requested monies from Ismael al-Shatti in Kuwait to support PIJ suicide bombings.^[13][3] In October 1995, he lied to a journalist for the St. Petersburg Times as to his knowledge of the activities of former WISE employee Ramadan Abullah Shallah, the new head of the PIJ, saying that Shallah had only been involved in scholarly work.^[1] In 1997, he co-founded the Tampa Bay Coalition for Peace and Justice, which focused on the use of secret evidence and other civil rights violations legislated in 1996 antiterrorism and immigration acts. On August 18, 2000, he allegedly directed Bashir Musa Mohammed Nafi to use his daughter's email address to communicate with Al-Arian.^[13][3] On October 10, 2000, he made hand-edited revisions to the PIJ charter, which were incorporated into a clean copy of the charter.^[13][3] He also co-founded the National Coalition to Protect Political Freedom, to oppose the use of secret evidence, and was elected its first president in 2000.^[14]

As part of his activism, Al-Arian met with then candidate George W. Bush at a campaign event in Florida in March 2000 where Bush and his wife, Laura, posed for a photo with Al-Arian and his family members. Al-Arian later claimed to have spoken to Bush about the government use of "secret evidence" in deportation proceedings against accused terrorists. When Bush subsequently brought up the issue in a debate with Al Gore, Al-Arian was reportedly "thrilled--and began registering local Muslims to vote and promoting Bush's candidacy at local mosques." He also lobbied Congress on civil liberties matters, contributed thousands of dollars to the campaigns of influential members of Congress, and renounced violence during television appearances.^[18]

In June 2001, Al-Arian joined 150 Muslim-American activists in a White House briefing with Karl Rove. His son Abdullah Al-Arian was the subject of national media attention when he was escorted out of the White House event by the Secret Service without explanation, prompting an apology by President George W. Bush.^[15]

On February 20, 2003, the U.S. Department of Justice announced that Al-Arian had been arrested as the alleged leader of the Palestine Islamic Jihad (PIJ) in the U.S., and Secretary of the PIJ's central worldwide governing group (the "Shura Council").^[13][4] It also charged three others living in the U.S., as well as four outside the U.S.^[13][4] These included Al-Arian's USF/WISE associate Ramadan Abdullah Shallah, who had been designated a Specially Designated Terrorist by the U.S. in 1995, and was accused of being Secretary General of the PIJ.^[13][4] The PIJ was identified as an international terrorist organization, with cells throughout the world, that supports jihad and martyrdom, and which was responsible for the deaths among others of Americans Alisa Flatow (20 years old) and Shoshana Ben-Yishai (16 years old).^[13][4][3] In 1995 the PIJ had been designated a "Specially Designated Terrorist" by the U.S., and in 1997 it had been designated a "foreign terrorist organization".^[13][3][1]

A 50-count indictment returned by a federal grand jury in Tampa charged the defendants under RICO with operating a racketeering enterprise from 1984 that engaged in violent activities, as well as:

conspiracy within the U.S. to kill and maim persons abroad, conspiracy to provide material support and resources to PIJ, conspiracy to violate emergency economic sanctions, engaging in various acts of interstate extortion, perjury, obstruction of justice, and immigration fraud.^[13][4][3]

The indictment alleged a ten-year conspiracy to support PIJ worldwide, help solve internal PIJ disputes and financial problems, help disseminate PIJ claims it was responsible for terrorist attacks in Israel, and raise funds within the U.S. for "violent jihad."^[13] It alleged numerous PIJ-associated terrorist acts, resulting in the murders of over 100 people in Israel and the Occupied Territories.^[13][4] It claimed that PIJ, ICP, and WISE operated together as an illegal enterprise.^[13][3] It said that the defendants used USF, where some of them were teachers or students, as cover and as a means to bring other PIJ members into the U.S., purportedly for academic meetings and conferences.^[13][3] Attorney General John Ashcroft said that he and his co-defendants played:

a substantial role in international terrorism. They are 'material supporters' of foreign terrorist organizations. They finance ... and assist acts of terror. Our message to them is clear: We make no distinction between those who carry out terrorist attacks, and those who knowingly finance, manage, or supervise terrorist organizations.^[4]

Al-Arian told reporters: “it’s all about politics”, and his attorney labeled the indictment a “work of fiction.”^[18]

The indictment was later expanded into a 53-count superseding indictment in September 2004.^[3] It charged Al-Arian with: 1) conspiracy to commit racketeering; 2) conspiracy to murder or maim persons outside the U.S.; 3) conspiracy to provide material support to a foreign terrorist organization (the PIJ); 4) conspiracy to make and receive contributions of funds, goods, and services for the benefit of Specially Designated Terrorists (the PIJ); 5) use of the mail or any facility in interstate or foreign commerce to promote unlawful activity; 6) providing material support to a foreign terrorist organization; 7) money laundering; 8) attempt to procure naturalization unlawfully; and 9) obstruction of justice.^[3]

Al-Arian was tried with co-defendants Ghassan Ballut, Hatim Fariz, and Sameeh Hammoudeh in the United States District Court for the Middle District of Florida in Tampa, beginning on June 6, 2005.^[2] At trial, FBI agent Kerry Myers testified that the Palestinian Islamic Jihad had planned an attack inside the U.S. but said all information about the plot was classified and he could not discuss it. Under cross-examination, Myers admitted that Palestinian Islamic Jihad had never carried out an attack outside Israel and the "occupied territories." Agent Myers also testified that during its 10-year investigation of Al-Arian and his three co-defendants, the FBI intercepted 472,239 telephone calls on 18 tapped lines. However, none involved any discussion of an attack against the U.S. or show advanced knowledge of any attacks in the Middle East.^[19] Furthermore, the conversations occurred before Palestinian Islamic Jihad was designated as a Foreign Terrorist Organization in 1995.^[5]

The six-month trial featured more than 80 witnesses and 400 transcripts of intercepted phone conversations and faxes. At the end of the prosecution's case, Al-Arian's attorneys rested without offering a defense, and the trial concluded on November 14, 2005.^[2] On December 6, 2005, after 13 days of deliberations, the jury acquitted Al-Arian on 8 of 17 counts, and deadlocked on the 9 other counts with 10-2 favoring acquittal^[20][2] The jury deadlocked on what the prosecutors described as three of the most important four conspiracy charges against him, including the charge of conspiracy to provide services to the PIJ.^[21] Another co-defendant also was acquitted or faced deadlocks. Two of his co-defendants were acquitted entirely. U.S. Justice Department officials said they were considering whether to retry Al-Arian and co-defendant Hatem Fariz on the jury deadlock charges, one of which carried a life sentence.^[22]

Jurors had mixed reactions.^[23] One who voted for acquittal with the majority, said, "They have so little on [Al-Arian] that I'm disappointed. Most of us think he gave in because he was so sick of being in jail."^[23] But one of the few jurors who wanted to find him guilty on nine counts, causing a mistrial, said:

Like another person on the jury, I was convinced Mr. Al-Arian was still working with the PIJ after it was illegal. He was a very smart man and knew how not to be obvious. For me, the absence of evidence didn't mean there was no evidence. For me, it suggested a coverup, which he admitted to, in the plea agreement.^[23]

On February 28, 2006, Al-Arian signed a plea agreement in which he agreed to plead guilty to one count of conspiracy to contribute services to or for the benefit of the Palestinian Islamic Jihad, a Specially Designated Terrorist organization, in violation of 18 U.S.C. § 371.^[24][1] In return, the U.S. Attorney: a) agreed to dismiss the other eight remaining charges in the superseding indictment; b) agreed not to charge Al-Arian with any other crimes known to the government at the time of the execution of the agreement; c) agreed not to enter any recommendation as to the imposition or amount of a fine; d) agreed with Al-Arian that an appropriate sentence would be 46-57 months in prison; and e) covenanted that if no adverse information were received suggesting such a recommendation to be unwarranted, the U.S. would recommend that Al-Arian receive a sentence "at the low end of the applicable guideline range, as calculated by the Court".^[1] In the agreement, Al-Arian said that he was pleading guilty because he was "in fact" guilty.^[1] As part of the deal, Al-Arian agreed to be deported once his prison sentence ended.^[1][21]

The plea agreement provided that it is "limited to the Office of the United States Attorney for the Middle District of Florida and the Counterterrorism Section of the Department of Justice, and cannot bind other federal, state, or local prosecuting authorities."^[1][25] It also provided that it "constitutes the entire agreement between the government and [Al-Arian] ... and no other promises, agreements, or representations exist or have been made to [Al-Arian]".^[1][25]

Attorney General Alberto Gonzalez said:

We have a responsibility not to allow our nation to become a safe haven for those who provide assistance to ... terrorists. Sami Al-Arian has already spent significant time behind bars, and will now lose the right to live in the country he calls home as a result of his confessed criminal conduct on behalf of the [PIJ], which is the same conduct he steadfastly denied in public statements over the past decade.^[21]

The plea agreement was unsealed and accepted by Judge James S. Moody on April 17, 2006.^[21] Al-Arian's sentencing was scheduled for May 1, 2006.^[21] The count carried a maximum sentence of five years imprisonment, a $250,000 fine, and three years of supervised release.^[1] Al-Arian remained in custody pending his sentencing and deportation.

The deal came after 11 years of Federal Bureau of Investigation investigations, wiretaps and searches, three and a half years of trial preparation and process, time Al-Arian spent in jail, most of it in solitary confinement.^[26] Amnesty International said Al-Arian's pre-trial detention conditions "appeared to be 'gratuitously punitive'" and stated "the restrictions imposed on Dr. Al-Arian appeared to go beyond what were necessary on security grounds and were inconsistent with international standards for humane treatment."^[27].

The district court asked Al-Arian whether he had been promised anything else by anyone to induce his guilty plea, and he said that he had not.^[25] At the plea agreement hearing, U.S. Magistrate Thomas B. McCoun said, " if you're satisfied you're guilty or you believe it's in your best interest to plead guilty ... let me know that." Al-Arian replied, "I believe it's in my best interest to enter a plea."^[26]

Al-Arian admitted knowing "that the PIJ achieved its objectives by, among other means, acts of violence."^[28]

For its part, the government acknowledged that Al-Arian's activities were nonviolent and that there were no victims to the charge in the plea agreement. Later that day, supporters of Al-Arian stated that the agreement was reached in part to end the suffering of the family and to reunite them in freedom.^[28][29][30]

Judge Moody sentenced al-Arian to the maximum 57 months in prison and three years of supervised release on May 1, 2006, and gave him credit for time served.^[2] Prosecutors said he would serve the balance of 19 months and then be deported. In his ruling, Moody harshly criticized al-Arian for doing nothing to stop bombings perpetrated by Islamic Jihad. "You lifted not one finger," he said. "You are a master manipulator. The evidence is clear in this case. You were a leader of the PIJ."^[31][2]

In May 2006, the U.S. District Court for the Eastern District of Virginia issued a subpoena to Al-Arian to testify before a federal grand jury in Alexandria, Virginia, in an investigation of the International Institute of Islamic Thought's alleged financing of terror.^[25] It was served on him in October 2006, and he sought to quash it on the basis that his plea agreement prevented his being forced to testify before the Virginia grand jury.^[25] He said that the government had agreed that he would not be required to cooperate with the government in any manner, though that specific agreement was not reflected in the written plea agreement.^[25] A Virginia District Court held that he had no legal basis to refuse to testify, and held him in civil contempt.^[25] He appealed the Virginia District Court decision to the Fourth Circuit Court of Appeals, which affirmed the lower court's ruling.^[25] On December 14, 2007, the Virginia District Court vacated its contempt order.^[25]

A Florida District Court held that the plea agreement was not ambiguous, and did not prevent the government from issuing a subpoena requiring him to testify before a grand jury.^[25] Al-Arian appealed the Florida District court decision to the Eleventh Circuit Court of Appeals, which upheld the lower court on January 25, 2008.^[25] It pointed out that the plea agreement did not contain any mention of whether Al-Arian would be compelled to testify in front of a grand jury in the future.^[25] It also indicated that the agreement said it reflected all promises and agreements between Al-Arian and the government, and that this accorded with Al-Arian's statement, when questioned by the trial court judge, that there were no promises or inducements made to him other than those reflected in the written agreement.^[25] Furthermore, the court noted that the plea agreement only spoke to the issue of the government prosecuting Al-Arian for crimes known to the office at the time of the agreement, but did not immunize Al-Arian from future subpoenas.^[25] The court therefore held the plea agreement to be clear, unambiguous, and to not grant Al-Arian immunity from the grand jury subpoena.^[25]

Al-Arian also said he refused to testify because he believes "his life would be in danger if he testified." Further, Al-Arian claimed he has no information that could further the investigation, and his attorneys argued that the grand jury subpoena violates Al-Arian's plea agreement with U.S. prosecutors.^[32] In a verbal agreement that he says appears in court transcripts, federal prosecutors agreed that Al-Arian would not have to testify in Virginia.^[33]

These arguments were rejected by a federal judge in Florida and Al-Arian (who is diabetic) began a 60-day hunger strike on January 22, 2007, to "protest continued government harassment."^[32][34] As of March 20, 2007, Al-Arian, who is 6 feet tall, had gone from 202 to 149 pounds.^[33] In March 2008 he began another hunger strike, again to protest what he called government harassment. He ended the strike two months later.^[35] Since his September 2008 release he has remained under house arrest as he awaited trial on contempt charges.^[9][10]

At the January 2009 hearing to schedule his March 2009 trial, Al-Arian's attorneys filed documents stating Al-Arian "did cooperate and answer questions on IIIT" (International Institute of Islamic Thought) for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT … but want to revisit the Tampa trial."^[10]

In a court motion filed on March 4, 2009, federal prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, federal prosecutors in Tampa believed that it exempted him from testifying in other cases.^[36] This admission affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt^[37], and Linda Moreno.^[38]

On March 9, Judge Leonie Brinkema postponed Al-Arian's Virginia trial, pending a motion by defense attorneys to dismiss the charges in the case.^[39]

USA vs. Al-Arian is an award-winning 2007 documentary film by Norwegian director Line Halvorsen about Al-Arian and his family during and after his trial and a commentary on the U.S. justice system under the Patriot Act.^[40]

• Professors For Al-Arian, February 24, 2003
• FOX News transcript of O'Reilly interview, September 26, 2001
• News Links and "Sami Al-Arian, in his words" quotations, St. Petersburg Times, February 23, 2003
• USA vs. Al-Arian official site in English and Norwegian.
• Anita Kumar, Al-Arian Demands USF Restore his Standing - St. Petersburg Times, January 7, 2003
• Links to 2006-2007 trial coverage from the St. Petersburg Times
• Micheal Fechter, Al-Arian Likened To Don In Mafia, Tampa Tribune, November 8, 2005
• Melva Underbakke and Paul Findley, Two Views: Sami Al-Arian’s Plea “Bargain”, Washington Report on Middle East Affairs, July 2006