Sami Al-Arian: Difference between revisions
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In March 2008 he began another hunger strike, to protest his subpoena.<ref name="refus"/> He ended the strike two months later.<ref>[http://www.democracynow.org/2008/3/21/al_arian_enters_19th_day_of Democracy Now! | Al-Arian Enters 19th Day of Hunger Strike in Protest of "Government Harassment"]</ref> |
In March 2008 he began another hunger strike, to protest his subpoena.<ref name="refus"/> He ended the strike two months later.<ref>[http://www.democracynow.org/2008/3/21/al_arian_enters_19th_day_of Democracy Now! | Al-Arian Enters 19th Day of Hunger Strike in Protest of "Government Harassment"]</ref> |
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===Criminal contempt proceedings=== |
===Criminal contempt proceedings; house arrest=== |
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On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of [[criminal contempt]], for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008.<ref>[http://www.nefafoundation.org/miscellaneous/FeaturedDocs/US_v_AlArian_IndictmentContempt.pdf ''U.S. v. Al-Arian'', Indictment, U.S. District Court for the Eastern District of Virginia, June 26, 2008, accessed March 8, 2010]</ref> |
On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of [[criminal contempt]], for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008.<ref>[http://www.nefafoundation.org/miscellaneous/FeaturedDocs/US_v_AlArian_IndictmentContempt.pdf ''U.S. v. Al-Arian'', Indictment, U.S. District Court for the Eastern District of Virginia, June 26, 2008, accessed March 8, 2010]</ref> On September 2, 2008, he was released from custody and put under [[house arrest]] at his daughter Laila's residence in Northern Virginia, where he is being [[Electronic tagging|monitored electronically]] while he awaits trial on criminal contempt charges.<ref name="Goldstein"/><ref name="TT-Jan09"/><ref>[http://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090202973.html "Ex-Professor in Palestinian Case Is Freed After 5 Years", ''The Washington Post'', September 3, 2008, accessed March 8, 2010]</ref> |
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⚫ | At a January 2009 hearing to schedule his trial, his attorneys filed documents saying Al-Arian "did cooperate and answer questions on IIIT" for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT … but want to revisit the Tampa trial."<ref name="TT-Jan09"/> In a motion filed on March 4, 2009, prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, prosecutors in Tampa believed that it exempted him from testifying in other cases.<ref>http://www.tampabay.com/news/courts/criminal/article981644.ece</ref> This affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt<ref>[http://www.freesamialarian.com/index.php?option=com_content&view=article&id=295:william-b-moffit-declaration-on-plea-deal&catid=31:documents-a-releases- William B. Moffit Declaration on Plea Deal]</ref> and Linda Moreno.<ref>[http://www.freesamialarian.com/index.php?option=com_content&view=article&id=296:&catid=31:documents-a-releases- Linda Moreno Declaration on Plea Deal]</ref> |
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On September 2, 2008, he was released from custody and put under [[house arrest]] at his daughter's residence in Northern Virginia, where he will be [[Electronic tagging|monitored electronically]] while he awaits trial on criminal contempt charges.<ref name="Goldstein"/><ref name="TT-Jan09"/><ref>[http://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090202973.html "Ex-Professor in Palestinian Case Is Freed After 5 Years", ''The Washington Post'', September 3, 2008, accessed March 8, 2010]</ref> |
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On March 9, Judge [[Leonie Brinkema]] postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case.<ref>http://www.miamiherald.com/news/florida/AP/story/940573.html</ref> While under federal law, Al-Arian could not be jailed for more than 18 months for civil contempt, the law does not have a time limit for criminal contempt.<ref>[http://www.nysun.com/foreign/al-arian-indicted-for-refusal-to-testify/80821/ Gerstein, Josh, "Al-Arian Indicted for Refusal To Testify in Charities Cases", ''New York Sun'', June 27, 2008, accessed March 11, 2010]</ref> |
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⚫ | At a January 2009 hearing to schedule his trial, |
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On March 9, Judge [[Leonie Brinkema]] postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case.<ref>http://www.miamiherald.com/news/florida/AP/story/940573.html</ref> |
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== Film == |
== Film == |
Revision as of 19:28, 11 March 2010
Sami Amin Al-Arian | |
---|---|
Status | House arrest; awaiting trial on criminal contempt charges |
Other names | Amin; The Secretary; Abu Abdullah[3] |
Occupation(s) | Former professor of computer engineering |
Spouse | Nahla Al-Arian[4] |
Children | Laila, Leena, and Lama Al-Arian (daughters), Abdullah and Ali Al-Arian (sons)[6] |
Parent(s) | Amin Al-Arian (father); Laila Al-Arian (mother)[5] |
Conviction(s) | Pleaded guilty to conspiracy to contribute services to or for the benefit of a "specially designated terrorist" organization, the Palestinian Islamic Jihad, after a trial in which he was acquitted on 8 of 17 counts and the jury deadlocked on the remaining 9 counts (February 28, 2006); and[1][2] Civil contempt (November 16, 2006) |
Criminal charge | 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 (September 2004);[3] Civil contempt (November 16, 2006); and Criminal contempt, for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008 (June 26, 2008) |
Penalty | Conspiracy to aid terrorists: 57 months in prison, and deportation (May 1, 2006);[2] and Civil contempt: 13 months in prison (November 16, 2006) |
Dr. Sami Amin Al-Arian (Arabic: سامي العريان; born January 14, 1958, in Kuwait), a resident of Temple Terrace, Florida, is a Muslim activist, and former University of South Florida professor of computer engineering, who pled guilty to aiding Islamic terrorists.[7]
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.[1][2][8] 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 November 2006 he was found guilty of civil contempt for refusing to testify before a federal grand jury. He served 13 months in prison on that conviction.
In March 2008, the United States Department of Justice subpoenaed Al-Arian to testify before a grand jury. He refused to testify, and prosecutors charged him with criminal contempt in June 2008.[9][10] On September 2, 2008, Al-Arian was released from detention on bond.[11] He remains under house arrest, as he awaits a trial on criminal contempt charges.[12][13]
Life and work
Early life, family, and U.S. status
Al-Arian was born in Kuwait, one of five children of Amin and Laila Al-Arian, Palestinian refugees.[5] In 1966, the family moved to Egypt; according to Al-Arian, the government made them leave because his father refused to become an informant for Kuwaiti intelligence.[6]
He was raised in Cairo, Egypt, and has a brother named Khaled Al-Arian.[4][14][15][16][17] His wife's brother, Mazen Al-Najjar, a former University of South Florida engineering instructor, was jailed in the U.S. from 1997 to the end of 2000, on secret evidence that he helped support terrorists through an Islamic research center and charity he founded with Al-Arian; he was deported on August 22, 2002.[18]
He is married to Nahla Al-Arian, and they have five children.[19] His son Abdullah Al-Arian was an intern for U.S. Representative David E. Bonior in 2001.[20] 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[21] and The Nation.[22][dead link]
He came to the U.S. in August 1975, on an Egyptian passport and a student visa, to attend Southern Illinois University.[3][16][23] He became a permanent resident alien of the U.S. on March 27, 1989.[3][16] On December 30, 1993, he allegedly filed a false application with the U.S. Immigration and Naturalization Service to become a U.S. citizen.[3][16] He was denied U.S. citizenship in 1996.[24]
1978-89
He obtained his B.S., graduating in 1978 with a major in Electrical Engineering from Southern Illinois University,[5] and completed his Master's Degree in Electrical Engineering and Ph.D. in Computer Engineering in 1980 and 1985 respectively, from North Carolina State University.[citation needed] In 1981, Al-Arian helped establish the Islamic Society of North America.[citation needed]
On January 27, 1986, he was hired as an assistant professor in the Computer Sciences Department of the College of Engineering at the University of South Florida (USF) in Tampa.[4][23] He also established the Islamic Committee for Palestine (ICP) on October 20, 1988,[16][23] purportedly to raise awareness of the plight of the Palestinians; allegedly, however, it was part of a criminal enterprise with PIJ.[3][8][16][19] ICP meetings were attended by Omar Abdul Rahman, convicted of plotting to blow up the World Trade Center in 1993, and Abdul Aziz Odeh, the Islamic Jihad's spiritual leader.[6]
1991-99
In 1991, at one Islamic rally he said: "Jihad is our path. Victory to Islam. Death to Israel", and at another "Let us damn America, let us damn Israel, let us damn them and their allies until death".[4][25][26] On February 21, 1991, he and his brother-in-law, Mazen Al-Najjar, 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 also was part of a criminal enterprise with PIJ.[3][16][23][27]
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.[3][16] On September 29, 1991, he said in a speech at a Chicago conference that "God cursed those who are the sons of Israel", and that Allah had made Jews "monkeys and swine", and damned them in this world and the afterworld.[3][4][6][16][28]
On April 27, 1992, he allegedly modified computer files at WISE/ICP that contained the wills of three PIJ suicide bombers.[3][16] 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.[3][16] On June 3, 1993, he allegedly sent moneys to families of four PIJ terrorists who had killed three Israelis.[3][16] Steven Emerson, a former CNN correspondent, made a 1994 PBS documentary, Jihad in America, that said that Al-Arian is an Islamic extremist and heads the PIJ in the U.S..[6][29]
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]
After a terrorist attack by Islamic Jihad killed 19 Israelis, Al-Arian wrote a February 1, 1995, letter saying:
The link with the brothers in Hamas is very good and making steady progress, and their [sic] are serious attempts at unification and permanent coordination. I call upon you to try to extend true support to the jihad effort so that operations such as these can continue.... so operations like the one by the two mujahideen [warriors] who were martyred for the sake of God [can continue].[23][30]
Al-Arian said that the letter was a response to a friend's question about the relationship between Islamic Jihad and Hamas, and whether to support them, and that in his letter: "I ask others to support them, but I don't support them personally."[30]
In 1995, the FBI opened a criminal investigation of Al-Arian after Ramadan Abdullah Mohammad Shallah, a professor whom he had helped bring to Tampa and appointed head of WISE, suddenly left after the PIJ's head was killed, and re-emerged in Syria one month later on October 31, 1995, as the new head of PIJ.[23][26] Al-Arian said he was shocked to learn Shallah was "anything other than a scholar."[26] On February 10, 1995, he allegedly requested monies from Ismael al-Shatti in Kuwait to support PIJ suicide bombings.[3][16] 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] On November 20, 1995, the FBI raided his home, office at USF, and the offices of the ICP and WISE.[6][23] From May 2, 1996, until August 1998, he was on paid administrative leave from USF pending the outcome of a federal investigation into whether he was running fronts for terrorist organizations.[23][29]
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.
2000-03
Al-Arian met then-candidate George W. Bush at a campaign event at the Florida Strawberry Festival in March 2000, and Bush and his wife, Laura, posed for a photo with Al-Arian and his family.[4][31] 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.[32]
On August 18, 2000, he allegedly directed Bashir Musa Mohammed Nafi to use his daughter's email address to communicate with Al-Arian.[3][16] On October 10, 2000, he made hand-edited revisions to the PIJ charter, which were incorporated into a clean copy of the charter.[3][16] 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.[19]
In June 2001, Al-Arian joined 160 Muslim-American activists in a White House briefing with Bush senior advisor Karl Rove.[4][31] His son Abdullah Al-Arian was the subject of national media attention when he was escorted out of another June 2001 White House event by the Secret Service without explanation, prompting an apology by President George W. Bush.[4][20][31] On August 29, testifying at his brother-in-law's deportation hearing in federal court, he invoked his Fifth Amendment right against self-incrimination 99 times so as not to answer questions such as whether he had engaged in fund-raising on behalf of organizations on the State Department watch list.[33]
On September 26, 2001, he appeared on The O'Reilly Factor talk show, and Bill O'Reilly asked him about his connections to PIJ head Ramadan Abdullah Shallah and to Tarik Hamdi, a former manager of WISE who was linked to al-Qaeda during the trial of four men convicted in the 1998 bombings of U.S. embassies in East Africa, and who set up an interview for Osama bin Laden with ABC.[34][35] Al-Arian said as to Shallah, he was "shocked like everyone else in the world ... he became the leader of the jihad movement."[35] He also said he would be shocked that Hamdi is on a list of suspected terrorists.[35] Asked about his having said "Jihad is our path. Victory to Islam. Death to Israel." in a speaking engagement in Cleveland in 1988, he said: "Let me just put it into context... When you say 'Death to Israel,' you mean death to occupation, death to apartheid, death to oppression, death to... [but] absolutely not [death to any human being]."[35] He also said that it came as a shock to him that his brother-in-law was being deported.[35] O'Reilly closed by saying to him:
Well, Doctor, you know, with all due respect ... if I [were] the CIA, I'd follow you wherever you went. I'd follow you 24 hours... I'd be your shadow, Doctor... I'd go to Denny's with you, and I'd go everywhere you went.[35]
Later that month, after the receipt of a dozen death threats against Al-Arian and funding sources threatened to cut off grants, USF placed him on paid leave, saying it was doing so in the interests of safety for its faculty, staff, and students.[6][36] Although described by many students as a popular teacher, 22 of the university's 48 student senators voted to support his ouster, as the rest either abstained or didn't show up.[37] On December 19, 2001, USF's Board of Trustees voted 12-1 vote for his dismissal.[23][38] On February 26, 2003, Al-Arian was fired from his position at USF, which had been tenured since March 1992.[26][39]
Conspiracy prosecution
Arrest and indictments
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").[7][16] It also charged three others living in the U.S., as well as four outside the U.S.[7][16] These included Al-Arian's longtime top 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.[7][16][39]
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).[3][7][16] In 1995 the PIJ, Syrian-based and largely financed by Iran, had been designated a "Specially Designated Terrorist" by the U.S., and in 1997 it had been designated a "foreign terrorist organization".[3][1][16][26][39] 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.[3][7][16]
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."[16] It alleged numerous PIJ-associated terrorist acts, resulting in the murders of over 100 people in Israel and the Occupied Territories.[7][16] It claimed that PIJ, ICP, and WISE operated together as an illegal enterprise.[3][16] 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.[3][16] 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.[7]
Al-Arian told reporters: “it’s all about politics”, and his attorney labeled the indictment a “work of fiction.”[32]
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]
Trial
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.[40] Furthermore, the conversations occurred before Palestinian Islamic Jihad was designated as a Foreign Terrorist Organization in 1995.[8]
The five-month trial featured 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[2][41] 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.[42] 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.[43]
Jurors had mixed reactions.[44] 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."[44] 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.[44]
Guilty plea, pursuant to plea agreement
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.[1][45] 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][42]
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][46] 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][46]
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.[42]
The plea agreement was unsealed and accepted by Judge James S. Moody on April 17, 2006.[42] 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.[47] 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."[48].
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.[46] 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."[47]
Al-Arian admitted knowing "that the PIJ achieved its objectives by, among other means, acts of violence."[49]
Supporters of Al-Arian said the agreement was reached in part to end the suffering of the family and to reunite them in freedom.[49][50][51]
The Washington Post, in an editorial, said:
To hear Mr. al-Arian's family and supporters describe the plea agreement, you might think the defendant been exonerated.... By contrast, the Justice Department described the deal as if it were a big win in the war on terrorism.... In fact, both claims are bunk. [I]t ill becomes the government to claim victory. Concerning Mr. al-Arian, a sometime rallying point for advocates of free speech and academic freedom, the verdict is in: He is not only a terrorist supporter, but a liar, too.[52]
Sentencing
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. "I find it interesting that you praise this country in public," he said, "the one you called Great Satan."[17] He continued: "You lifted not one finger. To the contrary, you laughed when you heard of the bombings." "You are a master manipulator. The evidence is clear in this case. You were a leader of the PIJ."[2][53]
Describing bombings, he said: "Anyone with even the slightest bit of human compassion would be sickened. Not you, you saw it as an opportunity to solicit more money to carry out more bombings."[17] Reacting to Al-Arian's contention that money was raised for charities, he said: "Your only connection to widows and orphans was that you create them."[54]
Contempt prosecutions
Al-Arian was subpoenaed to testify before a federal grand jury, but refused to testify. He challenged the subpoena in four different federal courts, all of which held that he was in fact required to testify. he was imprisoned for civil contempt for failing to testify, and will be tried as well for criminal contempt for his failure to testify.
Grand jury subpoenas, refusal to testify, civil contempt, and hunger strikes
- Subpoena
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 alleged financing of terror by Herndon, Virginia-based International Institute of Islamic Thought (IIIT).[46][55] Homeland Security agent David Kane described in an affidavit, which was unsealed in 2003, alleged ties between Al-Arian and IIIT, saying that IIIT was once the largest contributor to a PIJ group run by Al-Arian.[55] He also alluded to a letter from a leader of IIIT to Al-Arian saying he considered him and leaders of the Palestinian resistance to be "a part of us and an extension of us."[56]
- Refusal to testify
The subpoena was served on Al-Arian in October 2006.[46] He sought to quash it on the basis that his plea agreement prevented his being forced to testify before the Virginia grand jury.[46] 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.[46] In a verbal agreement that he says appears in court transcripts, federal prosecutors agreed that Al-Arian would not have to testify in Virginia.[57]
Second, Al-Arian also said he refused to testify because he believes "his life would be in danger if he testified."[55] Third, Al-Arian claimed he has no information that could further the investigation.[55] Fourth, Al-Arian claimed he would not testify because he felt that IIIT was inappropriately charged.[58] Finally, another explanation for his not testifying was presented by his wife, who said: "My husband is a man of principle, and he will never turn into an informant. We admire him and are proud of him. In our culture, as Palestinians, if a person becomes an informant for the government, this is very shameful."[59]
- Virginia District Court, civil contempt, and Fourth Circuit Court of Appeals
When called before the grand jury on October 19, Al-Arian refused to answer questions about IIIT.[60] A Virginia District Court held that he had no legal basis to refuse to testify. The court held him in civil contempt, and imprisoned him on November 16, 2006, for his contempt of court, with the days served for civil contempt not counting towards the days of imprisonment he had remaining on his guilty conspiracy plea.[46] He appealed the Virginia District Court decision to the Fourth Circuit Court of Appeals, which affirmed the lower court's ruling.[46] On December 14, 2007, the Virginia District Court lifted its contempt order, starting the clock ticking again on his days-served on his guilty plea conviction.[46]
- Florida District Court; hunger strike
A Florida District Court also 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.[46] Al-Arian, who is diabetic, began a 60-day hunger strike on January 22, 2007, to "protest continued government harassment."[55][61] By March 20, 2007, the six foot tall Al-Arian had gone from 202 to 149 pounds.[57]
- Eleventh Circuit Court of Appeals
Al-Arian appealed the Florida District court decision to the Eleventh Circuit Court of Appeals, which upheld the lower court on January 25, 2008.[46] 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.[46] It also noted 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.[46] Furthermore, the court observed 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.[46] The court therefore held the plea agreement to be clear, unambiguous, and to not grant Al-Arian immunity from the grand jury subpoena.[46] The Justice Department issued its third subpoena later that month.[58]
Professor Robert Chesney, of Wake Forest University Law School, said:
It is certainly not uncommon for the government to expect a defendant to testify in the wake of a plea agreement. In this instance, the agreement is silent on the question, and the court of appeals agrees with the government that this leaves the door open to subpoena his testimony.
- Hunger strike
In March 2008 he began another hunger strike, to protest his subpoena.[58] He ended the strike two months later.[62]
Criminal contempt proceedings; house arrest
On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of criminal contempt, for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008.[63] On September 2, 2008, he was released from custody and put under house arrest at his daughter Laila's residence in Northern Virginia, where he is being monitored electronically while he awaits trial on criminal contempt charges.[12][13][64]
At a January 2009 hearing to schedule his trial, his attorneys filed documents saying Al-Arian "did cooperate and answer questions on IIIT" for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT … but want to revisit the Tampa trial."[13] In a motion filed on March 4, 2009, prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, prosecutors in Tampa believed that it exempted him from testifying in other cases.[65] This affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt[66] and Linda Moreno.[67]
On March 9, Judge Leonie Brinkema postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case.[68] While under federal law, Al-Arian could not be jailed for more than 18 months for civil contempt, the law does not have a time limit for criminal contempt.[69]
Film
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 from his family's point of view, and a commentary on the U.S. justice system under the Patriot Act.[70][71]
References
- ^ a b c d e f g h i j k l m "Plea Agreement; U.S. v. Al-Arian" (PDF). February 28, 2006. Retrieved March 8, 2010.
- ^ a b c d e f g h i U.S. Department of Justice (May 1, 2006). "Sami Al-Arian Sentenced to 57 Months in Prison for Assisting Terrorist Group" (PDF). Press Release. Retrieved March 8, 2010.
- ^ a b c d e f g h i j k l m n o p q r s t u v "U.S. v. Al-Arian; Superseding Indictment" (PDF). September 2004. Retrieved March 8, 2010.
- ^ a b c d e f g h Willing, Richard (February 25, 2003). "Indictment: Smiling face hid hatred". USA Today. Retrieved 9 March 2010.
{{cite news}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ a b c "Palestinian Cause Is Life's Common Thread". Tampa Tribune. June 5, 2005. Retrieved 9 March 2010.
- ^ a b c d e f g Buckley, Stephen (March 3, 2002). "The Al-Arian argument". St. Petersburg Times. Retrieved 10 March 2010.
- ^ a b c d e f g h U.S. Department of Justice (February 20, 2003). "Members of the Palestinian Islamic Jihad Arrested; Charged with Racketeering and Conspiracy to Provide Support to Terrorists" (PDF). Press Release. Retrieved March 8, 2010.
- ^ a b c MegLaughlin, In his plea deal, what did Sami Al-Arian admit to?, St. Petersberg Times, April 23, 2006.
- ^ Al-Arian Gets Federal Subpoena, Elaine Silvestrini, March 4, 2008.
- ^ Elaine Silvestrinin, Al-Arian Arraigned On Contempt Charges, Tampa Tribune, June 30, 2008.
- ^ BREAKING: Sami Al-Arian Released on Bond.
- ^ a b Joseph Goldstein, Al-Arian Is Freed, but More Charges Await, New York Sun, September 3, 2008.
- ^ a b c Judge sets trial for Sami Al-Arian on criminal contempt charge, Tampa Tribune, January 17, 2009.
- ^ Rebecca Carroll, [http://www.thenational.ae/article/20090425/FOREIGN/704249811/1135 Judge calls off hearing, The National (Abu Dhabi), April 24. 2009.
- ^ The Defendants, St. Petersburg Times, December 7, 2005.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y "U.S. v. Al-Arian; Indictment; U.S. District Court, Middle District of Florida, Tampa Division" (PDF). February 19, 2003. Retrieved March 8, 2010.
- ^ a b c Steinhauer, Jennifer (May 1, 2006). "Palestinian to Be Imprisoned Before Deportation". The New York Times. Retrieved March 9, 2010.
- ^ "U.S. to Deport Palestinian Held on Secret Evidence", The New York Times, August 20, 2002, accessed March 8, 2010
- ^ a b c Sami Al-Arian biography at FreeSamiAlArian.com
- ^ a b Intern's removal prompts Bush apology, UPI, June 29, 2001.
- ^ "Huffington Post biography of Laila Al-Arian"
- ^ "Nation Magazine biography of Laila Al-Arian"
- ^ a b c d e f g h i "Events in the Sami Al-Arian Investigation". Lakeland Ledger. December 21, 2003ev. Retrieved 11 March 2010.
{{cite news}}
: Check date values in:|date=
(help) - ^ Stacy, Mitch, "Fla. ex-professor cleared of some terror charges", The Boston Globe, December 7, 2005, accessed March 8, 2010
- ^ Onward Muslim soldiers: how jihad still threatens America and the West, Robert Spencer, Regnery Publishing, 2003, ISBN 0895261006, accessed March 8, 2010
- ^ a b c d e Miller, Judith (July 23, 2002). "Traces of Terror: The Money Trail; A Professor's Activism Leads Investigators to Look Into Possible Terrorism Links". The New York Times. Retrieved March 9, 2010.
- ^ "University Seeks to Fire Scholar For Reputed Link to Terrorism", The New York Times, August 22, 2002, accessed March 9, 2010
- ^ Lichtblau, Eric, "4 in Florida Are Cleared on Many Terrorism Charges", The New York Times, December 6, 2005, accessed March 8, 2010
- ^ a b "A timeline of events leading up to the trial of Sami Al-Arian". St. Petersburg Times. October 23, 2005. Retrieved 11 March 2010.
- ^ a b "Sami Al-Arian, in his words". St. Petersburg Times. February 21, 2003. Retrieved 11 March 2010.
- ^ a b c Allen, Mike (February 22, 2003). "Alleged Terrorist Met With Bush Adviser; Al-Arian Part of Muslim Outreach". The Washington Post. Retrieved March 8, 2010.
{{cite news}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ a b Isikoff, Michael (March 3, 2003). "Hiding in Plain Sight: Did a Muslim professor use activism as a cloak for terror?". Newsweek. p. 27.
{{cite news}}
:|access-date=
requires|url=
(help); Cite has empty unknown parameter:|coauthors=
(help) - ^ Tell, David, "Editorial: The Enemy Isn't Us", The Weekly Standard, October 8, 2001, accessed March 10, 2010
- ^ Palestinian Professor Put on Paid Leave After O'Reilly Appearance", Fox News, September 28, 2001, accessed March 8, 2010
- ^ a b c d e f O'Reilly, Bill (September 26, 2001). "Transcript: O'Reilly Interviews Al-Arian in September 2001". The O'Reilly Factor. Fox News. Retrieved 9 March 2010.
- ^ "Professor placed on leave with pay", UPI, September 28, 2001, accessed March 9, 2010
- ^ Padgett, Tim, and Renfor, Rochelle , "Fighting Words," TIME, February 4, 2002, accessed March 10, 2010
- ^ Brink, Graham, "Amid new probe, Al-Arian speaks", St. Petersburg Times, February 23, 2002, accessed March 10, 2010
- ^ a b c Mintz, John (June 5, 2005). "Trial to Reveal Reach Of U.S. Surveillance". The Washington Post. Retrieved March 8, 2010.
- ^ Fechter, Michael (August 24, 2005). "Witness: Islamic Jihad Planned Strike In U.S." Tampa Bay Tribune. Media General Inc. Retrieved March 26, 2007.
- ^ http://blogs.tampabay.com/breakingnews/2009/01/al-arian-to-be.html
- ^ a b c d U.S. Department of Justice (April 17, 2006). "Sami Al-Arian Pleads Guilty to Conspiracy to Provide Services to Palestinian Islamic Jihad" (PDF). Press Release. Retrieved March 8, 2010.
- ^ Meg Laughlin, Jennifer Liberto and Justin George, 8 times, Al-Arian hears 'Not guilty', St. Petersburg Times, December 7, 2005.
- ^ a b c Laughlin, Meg (April 23, 2006). "In his plea deal, what did Sami Al-Arian admit to?; Buried within legalese: an admission that he continued to aid relatives and colleagues associated with PIJ after it was designated a terrorist group". St. Petersburg Times. Retrieved February 28, 2010.
- ^ http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml
- ^ a b c d e f g h i j k l m n o p U.S. Court of Appeals for the Eleventh Circuit (January 25, 2008). "U.S. v. Al-Arian" (PDF). Appeal from the U.S. District Court for the Middle District of Florida. Retrieved March 8, 2010.
- ^ a b Meg Laughlin,Plea deal overcame the discord, St. Petersberg Times, April 24, 2006.
- ^ [1]
- ^ a b Elaine Silvestrini, "Al-Arian Admits His Role In Jihad", Tampa Tribune, April 18, 2006
- ^ Al-Arian gets 18 more months in prison, Associated Press, Published May 1, 2006
- ^ Al-Arian's plea ends an ordeal; He agreed to a single count of conspiracy to end his family's turmoil, his attorney says., St. Petersberg Times, April 18, 2006.
- ^ [http://www.washingtonpost.com/wp-dyn/content/article/2006/05/01/AR2006050101397.html Editorial, "A Plea Deal in Florida In which Sami al-Arian is shown to be a liar, and the Justice Department is shown to be inept", The Washington Post, May 2, 2006, accessed March 8, 2010]
- ^ "Ex-professor gets over 4 years in Florida Jihad case", Reuters, May 1, 2006
- ^ Stacy, Mitch, "Prof. Gets 18 Months More in Terror Case", The Washington Post, May 1, 2006, accessed March 8, 2010
- ^ a b c d e Witness Is Silent in Terror Probe: Ex-Professor Says Grand Jury Testimony Would Endanger Him. Washington Post. November 14, 2006.
- ^ Lichtblau, Eric, "Court Papers Show Charges That Group Aided Terrorists", The New York Times, October 18, 2003, accessed March 8, 2010
- ^ a b Gaunt Al-Arian shocks family by Meg Laughlin. St. Petersburg Times. March 20, 2007.
- ^ a b c Fears, Darryl (March 22, 2008). "Refusal Keeps Terrorism Convict in Prison; Former Professor Fights Attempts to Force His Testimony Against Muslim Charities". The Washington Post. Retrieved March 9, 2010.
- ^ Markon, Jerry, "Ex-Professor's Contempt Citation Prolonged", The Washington Post, June 22, 2007, accessed March 8, 2010
- ^ "Florida Professer in Prison for Terror Ties on Hunger Strike to Protest 'Harassment'", Fox News, January 24, 2010, accessed March 11, 2010
- ^ Family says inmate's hunger strike not near end. Wilmington Star (NC). February 17, 2007.
- ^ Democracy Now! | Al-Arian Enters 19th Day of Hunger Strike in Protest of "Government Harassment"
- ^ U.S. v. Al-Arian, Indictment, U.S. District Court for the Eastern District of Virginia, June 26, 2008, accessed March 8, 2010
- ^ "Ex-Professor in Palestinian Case Is Freed After 5 Years", The Washington Post, September 3, 2008, accessed March 8, 2010
- ^ http://www.tampabay.com/news/courts/criminal/article981644.ece
- ^ William B. Moffit Declaration on Plea Deal
- ^ Linda Moreno Declaration on Plea Deal
- ^ http://www.miamiherald.com/news/florida/AP/story/940573.html
- ^ Gerstein, Josh, "Al-Arian Indicted for Refusal To Testify in Charities Cases", New York Sun, June 27, 2008, accessed March 11, 2010
- ^ Jay Weissberg, "USA vs Al-Arian" (Movie review), Variety, February 19, 2007
- ^ Silvistrini, Elaine, "Film Tells Al-Arian Story from Family Viewpoint," Herald-Tribune, May 11, 2007, accessed March 11, 2010
External links
- 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
- 1958 births
- Living people
- Muslim activists
- American people of Palestinian descent
- Palestinian-American activists
- People convicted on terrorism charges
- Palestinian criminals
- 21st-century American criminals
- Prisoners and detainees of the United States federal government
- Terrorism in the United States
- People from Hillsborough County, Florida
- University of South Florida faculty
- North Carolina State University alumni
- Kuwaiti prisoners and detainees
- Kuwaiti criminals
- People from Cairo
- Southern Illinois University Carbondale alumni