[Ppnews] Trial Date Set; Judge to Consider Releasing Al-Arian on Bail

[Political Prisoner News]

Tampa Bay Coalition for Justice and Peace
July 2, 2008

Trial Date Set; Judge to Consider Releasing Dr. Al-Arian Pending Trial

ALEXANDRIA—Dr. Sami Al-Arian was arraigned before 
the federal court of Judge Leonie Brinkema on 
Monday. After attorney Jonathan Turley did not 
enter a plea, Judge Brinkema entered a plea of 
not guilty on Dr. Al-Arian's behalf.

Dr. Al-Arian was indicted on two counts of 
criminal contempt on June 26. At the arraignment 
hearing, Turley indicated that there would be 
some major pre-trial motions that would 
demonstrate the illegitimacy of the indictment for a number of reasons.

Dr. Al-Arian has always maintained that the plea 
agreement he signed with federal prosecutors in 
2006 protected him from being forced to cooperate 
with the government. Furthermore, according to 
that agreement, he was to be deported immediately 
upon concluding his sentence on April 7. Since 
the indictment was issued two and a half months 
later, it is also in contravention of the plea agreement.

Finally, Turley told Brinkema that it was not 
even established that Dr. Al-Arian refused to 
cooperate. On his blog, Turley previously wrote 
that Dr. Al-Arian submitted at least two sworn 
statements addressing government documents and 
denying any knowledge of criminal behavior on the 
part of an Islamic think tank based in Virginia. 
Dr. Al-Arian also offered to take a polygraph 
test to assert that he was being truthful.
Brinkema set a deadline of August 8 for all 
pretrial motions. She then set a trial date of 
August 13, though defense attorneys had requested it be set for September.

Dr. Al-Arian was also ordered moved to the 
Alexandria Detention Center while awaiting trial. 
The hearing was delayed for four hours because he 
was being transported from Portsmouth, Virginia, 
over 200 miles away. Dr. Al-Arian has spent the 
past two months there, in the custody of immigration authorities.

The last issue discussed at the hearing was the 
defense's request for Dr. Al-Arian to be released 
on bond pending trial. Dr. Al-Arian has been 
imprisoned continuously for more than five years, 
since his arrest on February 20, 2003. He has 
served his sentence and now awaits trial on a 
minor charge. Turley pointed out that Dr. 
Al-Arian deserves to be released and is not a 
flight risk since the government holds all his 
travel documents. In addition, he has lived in 
the United States for more than 33 years and his 
wife and children are all American citizens. 
Brinkema stated that she would consider releasing 
Dr. Al-Arian on bond, pending his interview with 
pre-trial services and a bond hearing that has yet to be scheduled.

In attendance at the hearing were three of Dr. 
Al-Arian's children, as well as members of 
Friends of Human Rights, from Tampa. There were 
also members of the local American Muslim 
community and national media correspondents.

All concerned citizens are urged to write to 
Judge Brinkema in support of Dr. Al-Arian's 
release on bond pending trial.  Writers should 
attest to his character and request that he be allowed to rejoin his family.

If you would like to know, how and where to send 
the letters, please email: samialarianactioncommittee at gmail.com

-END-

RECENT ARTICLES ABOUT THE CASE:
1. Al-Arian's lawyer disputes contempt charges
By MATTHEW BARAKAT, The Associated Press

ALEXANDRIA, Va. -
A former professor once accused of being a 
terrorist leader is now defending himself against 
criminal contempt charges that never should have 
been filed, his defense lawyer said Monday.

Defense lawyer Jonathan Turley said the contempt 
charges against his client, former University of 
South Florida computer science professor Sami 
Al-Arian, were filed just a day after he had 
essentially reached an informal deal to cooperate 
and provide information sought by federal prosecutors.

A grand jury in Alexandria indicted Al-Arian on 
Thursday on two counts of criminal contempt for 
allegedly refusing on two occasions to provide 
grand jury testimony related to an investigation 
of a cluster of Muslim organizations based in 
northern Virginia. Al-Arian had been granted 
immunity for his testimony so he could not invoke 
his constitutional rights against self-incrimination.

Turley said in an interview Monday that he and 
Al-Arian feared that prosecutors were simply 
hauling him in front of the grand jury to put him at risk of perjury.

Despite those fears, Turley said he had been 
negotiating for months with prosecutors to find a 
way to give the government the information it was seeking.

READ MORE:
http://www.examiner.com/printa-1466349~Al-
Arian's_lawyer_disputes_contempt_charges.html

2. Dr. Sami Al-Arian Arraigned, BY JONATHAN TURLEY, jonathanturley.org

Dr. Al-Arian was arraigned today before United 
States District Judge Leonie Brinkema of the 
United States District Court for the Eastern 
District of Columbia. In court were three of

Dr. Al-Arian's children and, despite to changes 
to the hearing time, supporters of Dr. Al Arian.

Dr. Al-Arian did not enter a plea today. As I 
informed the Court, the first time that we were 
able to sit down with Dr. Al-Arian since his 
indictment was in the courtroom. In light of that 
fact, I stated that we were not prepared to enter 
a plea. The Court then entered a not guilty plea.

The Court scheduled a trial beginning on August 13, 2008.

We also asked for Dr. Al-Arian's release pending 
trial. There is no compelling reason to hold Dr. 
Al-Arian who is not facing any terrorism charge. 
While the government has claimed that he is a 
flight risk, it is absurd to suggest that he 
would flee. He has children (who are U.S. 
citizens) living in the area and he has no 
passport. Since this is a contempt case, there 
would normally be no reason to deny such a bond. 
Dr. Al-Arian (1) has lived in this country for 
over 30 years; (2) had lawful alien status; (3) 
has family with deep ties in the country; (4) has 
citizens willing to serve in a custodial status; 
(5) has no passport; and (6) is willing to be 
continually monitored under home confinement. The 
opposition of the government is purely gratuitous 
and retaliatory under such conditions.

READ MORE: http://jonathanturley.org/2008/06/30/dr-sami-al-arian-arraigned/

3. Indicted, Sami Al-Arian Faces Possible Life 
Imprisonment, John Halliwell, dailykos.com

Last March, Sami Al-Arian was given a choice: 1) 
damned if you do; and 2) damned if you don't; he 
chose "damned if you don't". Finally, a full 
three months after making that decision, he was 
formally charged last Thursday with contempt of 
court, a crime which has no maximum penalty. In 
other words, Dr. Al-Arian - a man whose innocence 
has been grudgingly admitted by even his worst 
enemies* - is now facing the possibility of life 
in jail all because he had the guts to stand up for what he believes in.

READ MORE: http://www.dailykos.com/story/2008/7/1/94641/22802/440/544682



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