[Ppnews] Al-Arian Arraigned On Contempt Charges

Mon Jun 30 20:07:44 EDT 2008

Warning - these are corporate news reports

Al-Arian Arraigned On Contempt Charges

By 
<http://www2.tbo.com/content/2008/jun/30/mailto:esilvestrini@tampatrib.com>ELAINE 
SILVESTRINI | The Tampa Tribune

Published: June 30, 2008

Related Links
    *
    []
    <http://media.tbo.com/pdf/0701alarianindict.pdf>Read The Indictment
    *
    []
    <http://media.tbo.com/pdf/0701alarianarraign.pdf>Read The 
Arraignment Document

Former University of South Florida professor Sami Al-Arian was 
arraigned this afternoon on two charges of criminal contempt for 
refusing to testify before a federal grand jury in Virginia.

U.S. District Judge Leonie Brinkema in Alexandria, Va., ordered 
Al-Arian transferred out of the custody of immigration authorities 
and into the custody of U.S. Marshals.

Al-Arian's attorney, Jonathan Turley, wrote on his blog that the 
court where Al-Arian is being prosecuted "is called the 'Rocket 
Docket' because it prides itself on moving these cases at a breakneck pace."

Al-Arian's arraignment had been scheduled for the morning, but was 
moved to the afternoon "due to the failure of the government to 
transport him to the courthouse," Turley said on his blog.

Al-Arian was prosecuted in Tampa on terrorism-related charges 
alleging he was a lead U.S. fundraiser for the Palestinian Islamic 
Jihad, a U.S.-designated terrorist organization in Israel. A federal 
jury in 2005 failed to convict him of any charge, but deadlocked on 
nine counts. He later struck a deal with prosecutors, pleading guilty 
to one count of providing assistance to the Palestinian Islamic Jihad.

He has completed his sentence for that charge, but has been held on 
successive civil contempt charges for refusing to testify before a 
Virginia grand jury investigating alleged terrorist financing by 
charities there.

During the Tampa trial, the government presented evidence that Al- 
Arian's think tank, World and Islam Studies Enterprise, received 
funding from the International Institute of Islamic Thought, based in 
Herndon, Va. The institute's offices were raided in 2002 as part of 
the investigation into World and Islam Studies Enterprise.

Turley wrote on his blog that Al-Arian has been indicted for failing 
to provide information about IIIT, even though he doesn't have any 
information to give.

"After failing to convict Dr. Al-Arian before a Florida jury, the 
government has continued to use any and all means to prolong his 
confinement in direct contradiction of a plea agreement reached after 
his trial," Turley wrote. "They have indicted him despite the fact 
that the prosecutors admitted that he is a minor witness in the IIIT 
investigation and he has already given two detailed statements under 
oath to the government and offered to take a polygraph examination to 
prove that he has given true information about his knowledge of IIIT."

Stetson Law School professor Charles Rose said criminal contempt 
charges such as the new ones against Al-Arian are extremely rare.

"I just can't imagine that this is still around," Rose said of the 
Al-Arian case. "You almost never see a charge of criminal contempt, 
historically, unless you're dealing with organized crime. They're 
treating Sami Al-Arian like he is a member of a criminal organization."

Rose said the only explanation he can think of is that the government 
has some evidence against Al-Arian that it cannot use because it was 
not legally obtained. "That would explain why they are so adamant in 
their pursuit of Mr. Al-Arian because otherwise it's just harassment," he said.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or 
esilvestrini at tampatrib.com

Find this article at:
http://www2.tbo.com/content/2008/jun/30/al-arian-arraigned-contempt-charges

**************************************************************************************

Counterterrorism Blog

Al-Arian Contempt Trial Set for August

http://counterterrorismblog.org/2008/06/print/alarian_contempt_trial_set_for.php

By The Investigative Project on Terrorism (IPT)

ALEXANDRIA, Va. - A trial date has been set for August 13th in the 
case of Sami Al-Arian, who is charged with criminal contempt in a 
<http://www.investigativeproject.org/documents/misc/142.pdf>two count 
indictment for refusing to testify before grand juries investigating 
Islamic charities with suspected ties to terrorism. U.S. District 
Judge Leonie M. Brinkema said she expected a "straightforward" trial 
that would last one day, but Al-Arian's attorney, George Washington 
University law professor Jonathan Turley, indicated that he would 
continue to challenge the indictment and suggested the trial may be 
more complicated.

The indictment charges Al-Arian with refusing to testify when called 
before federal grand juries Oct. 16, 2007 and March 20, 2008 despite 
a grant of immunity from the prosecution.

After the arraignment Turley spelled out his planned defense on his 
blog, writing:
In court, I informed Judge Brinkema that we believed that the 
indictment was invalid on its face. Among other problems, Dr. 
Al-Arian did not refuse to cooperate. Dr. Al-Arian had given two 
detailed affidavits that established that he had no knowledge of any 
crime by IIIT or its officers. He further offered repeatedly to take 
a polygraph examination to prove that he had given a truthful account 
and was not withholding information.

Even if that turns out to be true, Al-Arian is not charged with 
"failure to cooperate," but criminal contempt for refusing to testify 
before the grand jury, which two federal appellate courts have held 
he had an obligation to do.

Although Al-Arian's defense claimed today that their client was not 
prepared to enter a plea, Judge Brinkema proceeded to enter a plea of 
not guilty on Al-Arian's behalf.

Judge Brinkema agreed to consider releasing Al-Arian on bond pending 
trial, but deferred her ruling until she can hear from 
<http://www.uscourts.gov/misc/propretrial.html>pretrial services 
about how best to ensure Al-Arian's supervision during his release.

For the complete article of today's events, please 
<http://www.investigativeproject.org/article/702>click here to visit 
the IPT's website.

By The Investigative Project on Terrorism (IPT) on June 30, 2008 7:19 PM

*********************************************************************************

[]

http://www.examiner.com/printa-1466349~Al-Arian%27s_lawyer_disputes_contempt_charges.html
Local
Al-Arian's lawyer disputes contempt charges

By MATTHEW BARAKAT, The Associated Press
2008-06-30 22:03:44.0
Current rank: # 360 of 9,569
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 
<http://www.examiner.com/Subject-Jonathan_Turley.html>Jonathan Turley 
said the contempt charges against his client, former 
<http://www.examiner.com/Subject-University_of_South_Florida.html>University 
of South Florida computer science professor 
<http://www.examiner.com/Subject-Sami_Al-Arian.html>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 
<http://www.examiner.com/Subject-Alexandria.html>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 
<http://www.examiner.com/Subject-Northern_Virginia.html>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.

Turley said he believed he had the outline of a deal in place last 
week, after his client agreed to give a detailed affidavit about his 
knowledge of the organizations under investigation, answer follow-up 
questions and submit to a polygraph test.

Turley said his client has no information about any criminal activity 
regarding the organizations in question, and said as much in the affidavit.

But the deal apparently fell through, and one day later al-Arian was indicted.

"He was cooperating despite a plea agreement" that exempted him from 
doing so, Turley said. "Can you actually indict someone for contempt 
of court when in fact ... they are cooperating?"

<http://www.examiner.com/Subject-Gordon_Kromberg.html>Gordon 
Kromberg, the prosecutor handling the case, declined comment.

It is the second time Al-Arian has faced criminal charges. He has 
been in jail since 2003, when prosecutors charged him with being a 
leader of the 
<http://www.examiner.com/Subject-Palestinian_Islamic_Jihad.html>Palestinian 
Islamic Jihad terrorist group. After a six-month trial, a jury in 
<http://www.examiner.com/Subject-Florida.html>Florida acquitted him 
on some charges, and failed to reach a verdict on others.

The government decided to retry him, and al-Arian struck a plea 
bargain admitting guilt to a lesser charge of conspiring to aid 
Palestinian Islamic Jihad, specifically by helping a family member 
with links to the group obtain immigration benefits and by lying to a 
reporter about another individual's ties to the group.

At an brief arraignment Monday, Al-Arian declined to enter a formal 
plea to the charges, so 
<http://www.examiner.com/Subject-Leonie_Brinkema.html>U.S. District 
Judge Leonie Brinkema entered a not guilty plea on his behalf.

She set an Aug. 13 trial date. Brinkema rejected a proposed trial 
date of Sept. 15 because it was too close to the anniversary of the 
Sept. 11 attacks.
Copyright 2008 The Associated Press. All rights reserved. This 
material may not be published, broadcast, rewritten or redistributed.

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