[Ppnews] Sami Al-Arian - Judge Denies Motion to Dismiss Indictment

[Political Prisoner News]

Judge Denies Motion to Dismiss Indictment
Still Provides Dr. Al-Arian With Defense / Sets Trial Date for March 9th

<http://rs6.net/tn.jsp?et=1102415133336&e=001V7RitUuMzjIwLKJlO_MBN2XpVoTs8j9kc91jQ8zpUuR0PrbPNTt7RvDQKJyRBnaoHD-o4sP_C0MpvInNAw-pAiapvrvsNly8JViOtWfmhZh3VIQ6PJ0fKQ==>www.FreeSamiNow.com

January 16, 2009 - Alexandria, VA - A decisive hearing took place 
Friday in the criminal contempt case of Dr. Sami Al-Arian. The main 
issue before Judge Leonie Brinkema was the validity of the immunity 
order given to Dr. Al-Arian when Assistant US Attorney Gordon 
Kromberg called him to testify before a grand jury in the Eastern 
District of Virginia. The immunity order provided to Dr. Al-Arian 
featured added language that fundamentally altered it from the 
standard format approved by Congress and used in thousands of 
immunity orders given to grand jury witnesses across the country. In 
an unprecedented move, Kromberg included two more crimes not covered 
by the immunity, including obstruction of justice.

        Although Judge Brinkema previously expressed serious concerns 
about the constitutionality of the orders in this case, she 
nevertheless denied Dr. Al-Arian's motion to completely dismiss the 
charges on the basis of prosecutorial misconduct. She also denied Dr. 
Al-Arian's motion to dismiss the charges based on selective 
prosecution despite the fact that only one other criminal contempt 
case has been brought before the Eastern District of Virginia in the 
past ten years, which was also against a Palestinian-American.

        Upon denying the motions for dismissal of the case, Judge 
Brinkema then set a trial date of March 9th, noting that the 
case  featured several unique issues, and that it was not a terrorism 
case. Despite this setback for the defense, the judge did grant, over 
the government's objection, some of Dr. Al-Arian's motions. These 
include the motion asking for the ability to argue before a jury that 
Dr. Al-Arian, in his refusal to give grand jury testimony, was 
relying on his plea agreement and the advice of counsel in his 
refusal to testify. (Dr. Al-Arian's excellent legal team is led by 
George Washington University Law professor Jonathan Turley, and Will 
Olson and P.J. Meitl of Bryan Cave.) Professor Turley told reporters 
after the hearing that the attorneys are looking forward to 
vigorously defending Dr. Al-Arian.

        Dr. Al-Arian and his family are very grateful for the 
tireless and outstanding work of the legal team and the 70 friends 
and supporters who attended the hearing, coming from as far as 
Florida, Chicago, and New York, in addition to the Washington DC 
area. Their continuous show of love and support are greatly 
appreciated. The Judge herself made note of this, not only based on 
the impressive attendance, but also the numerous letters she has received.

For the St. Petersburg Times' coverage of the hearing 
<http://rs6.net/tn.jsp?et=1102415133336&e=001V7RitUuMzjJmo6sXNS7WUHgruA6MXXw7IH4jU4AD1bzC926aSFQG7PysfA0wvyswUaD891m98INbZ73gnzzRqzM49F3LEnpCRLM4AUkOnGgbxBo4c6PA9nFc1MZ4G_jstSjqP1ryIBHx4-z0iMX_IgZ-Um-b3BJdOUOE6Fsz6WX9QGYCDzdGWYfl9KRV6RxC>click 
here. For the Washington Post's article, 
<http://rs6.net/tn.jsp?et=1102415133336&e=001V7RitUuMzjK527dEfUOnUx7-czICpKALxIxhEUrkRpFv2_ROqdMi0LU-PlphjdAvDKtqcLdjPEg7sXdl1wSkU4t6d9A-ZFS8p8niCfGbBVAoPz2o_sGJfj-Fq23FqX2GEE3StVAUJKijYlgE0-EWkL4o6P07zxXf50wBnQlZ0Yv2PxCzTdWA0UGjNuzo8aFKuEmYoG32sQN_03dtYcWcpRJOV2YLQ-w3ORYl4s5307PGbLAlKzpL9Q==>click 
here.




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