top
US
US
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Jury Acquits Jailed Palestinian Professor of Several Charges in Major Blow to Bush Adminis

by Democracy Now (reposted)
A federal jury on Tuesday failed to return a single guilty verdict on any of the 51 criminal counts against former Florida professor, Sami Al-Arian and three co-defendants accused of helping to lead a Palestinian terrorist group. He remains in jail. We speak with his daughter and a journalist who has closely followed the case.
A federal jury on Tuesday failed to return a single guilty verdict on any of the 51 criminal counts against a former Florida professor and three co-defendants accused of helping to lead a Palestinian terrorist group.

In a major defeat for Bush administration prosecutors, Sami Al-Arian was acquitted on eight of the 17 counts against him and the jury deadlocked on the rest. Three co-defendants, Sameeh Hammoudeh, Hatem Fariz and Ghassan Ballut, were also cleared of most of the charges against them.

The jury in Tampa, Florida deliberated for thirteen days before delivering its verdict. Al-Arian's five-month trial was seen as one of the biggest courtroom tests of the search and surveillance powers granted under the Patriot Act.

Sami al-Arian will remain in jail until prosecutors decide whether to retry him on the deadlocked charges. He was arrested in February 2003 and has been imprisoned ever since. The government accused him and eight others of racketeering, conspiracy and providing material support to terrorists. The government alleged that Al-Arian used an Islamic academic think tank and a Palestinian charity to illegally funnel money to the militant group Palestinian Islamic Jihad.

Until his arrest, Al-Arian was one of the most prominent Palestinian academics and activists in the United States. He was invited to the White House during both the President Clinton and Bush administrations and he campaigned for President Bush during the 2000 election.

His indictment in 2003 was hailed by then-Attorney General John Ashcroft as one of the first triumphs of the Patriot Act. The government's case was built on hundreds of documents, including thousands of hours of wiretapped telephone calls, intercepted e-mails and faxes and bank records gathered over a decade. Justice Department spokeswoman Tasia Scolinos said "While we respect the jury's verdict, we stand by the evidence we presented in court."

In October 2002, just four months before he was arrested and charged, I spoke with Sami Al-Arian at an antiwar rally in Central Park. I asked him what his thoughts were about America.

* Sami Al-Arian, interviewed October 6, 2002, New York City.

For the latest on the case of Sami Al-Arain we are joined by two guests:

* Laila Al-Arian, eldest daughter of Sami Al-Arian.
* John Sugg, senior editor for Creative Loafing, an Atlanta-based alternative weekly newspaper. He has closely followed the Sami Al-Arian for the past 10 years and interviewed him last month.

LISTEN ONLINE:
http://www.democracynow.org/article.pl?sid=05/12/07/1519225

Previous Democracy Now coverage:
- Jailed Palestinian Prof. Sami Al-Arian Dominates Florida Senate Race
http://www.democracynow.org/article.pl?sid=04/10/28/141221&mode=thread&tid=25
- The Case of Sami Al-Arian
http://www.democracynow.org/article.pl?sid=04/07/09/144245&mode=thread&tid=25
- Outspoken Palestinian Professor Sami Al-Arian Indicted Yesterday By Ashcroft On Charges of Material Support to Terrorists
http://www.democracynow.org/article.pl?sid=03/04/07/0319234&mode=thread&tid=5
- INS Arrests a Palestinian Teacher in Florida for Supposed Involvement with Terrorist Organizations
http://www.democracynow.org/article.pl?sid=03/04/07/0219225&mode=thread&tid=5
On December 6, a jury found former University of South Florida computer science professor Sami Al-Arian not guilty on 8 of 17 charges relating to his alleged support for Palestinian Islamic Jihad. The jury deadlocked on the remainder of the charges.

The jury’s decision is a significant and largely unexpected defeat for the government, which saw Al-Arian’s trial as a test case for the use of the Patriot Act in spying on US citizens and residents. It has also been a major component of the government’s attempt to criminalize political dissent. Al-Arian based his case on the fundamental constitutional right to free speech, which the government is seeking to systematically undermine, using the so-called “war on terrorism” as a pretext.

Commenting on the case, Linda Moreno, one of Al-Arian’s attorneys, noted, “This was a political prosecution from the start, and I think the jury realized that.”

Co-defendant Hatim Naji Fariz was acquitted on 25 of 33 charges, with the jury deadlocking on the remainder, while co-defendants Sameeh Taha Hammodudeh and Ghassan Zayed Ballut were acquitted on all charges against them. The jury took 13 days to deliberate after the trial phase came to a close.

In spite of the acquittals, including on a charge of conspiring to maim and murder people overseas, Al-Arian’s fate remains uncertain. The government is still deciding whether or not to seek a retrial on the deadlocked charges, including one—conspiracy to commit racketeering—that could involve substantial prison time. Regardless of the conclusion of the trial, he will remain in jail while the Department of Homeland Security seeks to remove his permanent residency status and deport him.

The case of Al-Arian expresses the ongoing attack on democratic rights in a number of different ways. In addition to the basic contention that political belief can be criminalized, the government mounted a massive spying campaign over a period of more than a decade, collecting over 21,000 hours of phone conversations, as well as monitoring faxes and e-mails. The FBI twice raided his home, seizing personal belongings. The government sought to use all of this evidence against him during the trial.

Al-Arian has been kept in prison for nearly three years, a large portion of it in solitary confinement. He has complained of restricted access to his lawyers, of being deprived of legal material even during the period that he was attempting to defend himself, and of being subject to frequent strip searches.

More
http://www.wsws.org/articles/2005/dec2005/aria-d08.shtml
Add Your Comments
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$330.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network