[Ppnews] Sami Al-Arian - Motion to Dismiss Filed

[Political Prisoner News]

Motion to Dismiss Filed/ Website Relaunched/
Urgent Calls for Donations

   "Justice demands that the United States honor its agreement with 
Dr. Sami Al-Arian"

http://archive.constantcontact.com/fs025/1102168938563/archive/1102524591975.html 


Tampa Courthouse
March 26, 2009 - Alexandria, VA - Dr. Sami Al-Arian's attorneys filed 
a motion to dismiss the criminal contempt charges against him in 
federal court on Monday. The motion contained three grounds for the 
dismissal of the charges. It argues that the orders to testify before 
the grand jury violated the 2006 Plea Agreement between Dr. Al-Arian 
and the government. Second, it states that the government has 
provided the Court with insufficient evidence for this case to 
proceed to the jury. Finally, upholding the indictment would 
undermine the integrity of the Court and the legal 
process.(<http://www.freesamialarian.com/index.php?option=com_content&view=article&id=676:motion-to-dismiss&catid=23:2009&Itemid=77>Click 
Here for the Motion to Dismiss and the Attached Exhibits.)

        The motion also contains five previously filed declarations 
from Dr. Al-Arian and his Florida attorneys that lay out in 
considerable detail the circumstances surrounding the 2006 plea 
negotiations (see Exhibits A-E). It also exposes the underlying 
reason for this continuing legal saga: While Dr. Al-Arian was 
originally told that the subsequent plea agreement would not only 
close the matter in Florida, but also end all business with the US 
Government, Eastern District of Virginia (EDVA) Prosecutor Gordon 
Kromberg now admits that he wanted Dr. Al-Arian to testify in order 
to revisit the same issues litigated in Florida, in spite of the acquittals.

        The motion provides new disclosures that: (1) the government 
conceded that there was a cooperation provision removed during 
negotiations with the defense (see Exhibits F and G); (2) Mr. 
Kromberg and the EDVA investigation were expressly mentioned during 
the plea negotiations; (3) Mr. Kromberg and the EDVA were actively 
involved with the consummation of the plea agreement; (4) Mr. 
Kromberg informed the negotiating prosecutors that he was planning to 
compel the testimony of Dr. Al-Arian, while the Florida prosecutors 
opposed the effort to subpoena Dr. Al-Arian, believing that, under 
the agreement, he would not be compelled to testify and would be 
allowed to leave the country after serving the remainder of his time; 
(5) defense attorney Linda Moreno's contemporaneous notes show that 
Dr. Al-Arian was assured that no other jurisdiction was interested in 
him before the agreement was finalized; (6) Mr. Kromberg knew about 
the plea agreement despite the fact that it was still under seal in 
Florida; (7) the EDVA now concedes that it was bound by the agreement 
and barred from re-litigating the same issues raised in Florida; and 
(8) the Department of Justice played a critical role in crafting the 
language of the agreement to avoid the need for cooperation.

        Not only was this information not available to the courts in 
Florida and Virginia where Dr. Al-Arian previously challenged the 
subpoena, but it substantially corroborates his longstanding claims 
that he was guaranteed non-cooperation with the Department of Justice 
in any form, if he accepted a plea deal. In fact, he opted for added 
prison time simply to ensure that he would not have to cooperate.

        In a hearing earlier this month, Judge Leonie Brinkema 
cautioned the government that "the Justice Department is not a 
fishmonger. It's the Department of Justice. The Department of Justice 
ought to always negotiate in complete good faith." In the spirit of 
those sentiments, Dr. Al-Arian's motion calls on Judge Brinkema to 
prevent the DoJ from using the Court as a vehicle to abuse the 
justice system. The concerns over the integrity of the system are 
magnified by the increasingly confused and conflicting 
representations made to the Court by the government, among them, Mr. 
Kromberg's controversial decision to unilaterally alter the 
congressionally-mandated language used for immunity orders.

        Finally, the motion states that "it should shock the 
conscience of the Court and counsel to commit a person to a criminal 
trial on such a conflicted and controversial record.  Even after six 
hearings, five declarations, and reams of legal argument, the Court 
still struggles with this record and to reconcile the new evidence in 
the case." The motion further requests that the case be completely 
dismissed and Dr. Al-Arian allowed to leave the country in final 
fulfillment of his plea agreement - after three full years of 
confinement beyond the original sentencing agreement. It concludes: 
"Justice demands that enough is enough. It is time for the United 
States government to honor its agreement with Dr. Sami Al-Arian."

        Dr. Al-Arian is being represented by George Washington Law 
professor Jonathan Turley, and Will Olson and P.J. Meitl of Bryan 
Cave. The government has until April 6th  to respond to this motion. 
Judge Brinkema set the next hearing date for April 24, 2009 at 9 AM. 
During that hearing she will either dismiss the charges or set a new 
trial date.




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