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{{Short description|Stateless political activist (born 1958)}}
{{Infobox criminal
{{pp|small=yes}}
| subject_name = Sami Amin Al-Arian
{{Use mdy dates|date=June 2015}}
| image_name =
{{Infobox person
| image_size =
| image_alt = | name = Sami Al-Arian
| image_caption = | image_size =
| birth_name = | image_caption =
| birth_name =
| date_of_birth = {{Birth date and age|1958|1|14|mf=yes}}
| birth_date = {{Birth date and age|mf=yes|1958|1|14}}
| place_of_birth = ]
| birth_place = ]
| date_of_death =
| death_date =
| place_of_death =
| cause = | death_place =
| alias = | alias =
| motive = | employer = ]
| alma_mater = ]<br />]
| charge = Conspiracy to help a<br>"specially designated terrorist" organization, the<br>], under RICO with operating a racketeering enterprise that engaged in violent activities, "conspiracy within the United States to kill and maim persons abroad, conspiracy to provide material support and resources to PIJ, conspiracy to violate emergency economic sanctions, engaging in various acts of interstate extortion, perjury, obstruction of justice and immigration fraud."
| occupation = Professor of ]
| conviction = Plead guilty to conspiracy to help a "specially designated terrorist" organization, the ], after a trial where he was acquitted on 8 of 17 counts and the jury deadlocked on the rest (February 28, 2006)
| penalty = 57 months in prison | spouse = Nahla Al-Najjar
| parents = Amin;<br />Laila
| status = House arrest; awaiting trial on contempt charges
| children = Abdullah<br />]<br />Leena<br />Ali<br />Lama}}
| occupation = Former professor of<br>]
| spouse = Nahla
| parents =
| children =
}}
Dr. '''Sami Amin Al-Arian''' ({{lang-ar|'''سامي العريان'''}}) (born January 14, 1958 in ]) is a civic ] and a former professor of ] at the University of South Florida. After a trial where he was acquitted on 8 of 17 counts and the jury deadlocked on the rest, 10-2 favoring acquittal, he made a ] to plead guilty to conspiracy to help a "specially designated terrorist" organization, the ] in 2006.<ref name="Laughlin-plea">MegLaughlin, , ], April 23, 2006.</ref>


'''Sami Amin Al-Arian''' ({{langx|ar|سامي أمين العريان}}; born January 14, 1958) is a ]i-born ] ] of ] origin who was a ] professor at ]. During the ] and ], he was invited to the ]. He actively campaigned for the ] in the ] ].
Al-Arian was sentenced to 57 months in prison and given credit for time served. He was to serve the balance of 19 months and then be deported. In March 2008 the U.S. ] ]ed Al-Arian to testify before another grand jury. Because he refused to testify, prosecutors charged him with criminal contempt in June 2008.<ref>, Elaine Silvestrini, March 4, 2008.</ref><ref>Elaine Silvestrinin, , ], June 30, 2008.</ref>


After a contentious interview with ] on '']'' following the ], Al-Arian's tenure at ] came under public scrutiny.
On September 2, 2008, Al-Arian was released from detention on bond.<ref></ref> He will remain under house arrest as he awaits a trial on contempt charges.<ref name="Goldstein">Joseph Goldstein, , ], September 3, 2008.</ref><ref name="TT-Jan09">, ], January 17, 2009.</ref>


He was indicted in February 2003 on 17 counts under the ]. A ] acquitted him on 8 counts and deadlocked on the remaining 9 counts. He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007. However, as his release date approached, a federal prosecutor in Virginia demanded he testify before a grand jury in a separate case, which he refused to do, claiming it would violate his plea deal. He was held under ] in ] from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.<ref>Josh Gerstein, {{Webarchive|url=https://web.archive.org/web/20191011153316/https://www.politico.com/story/2014/06/sami-al-arian-prosecution-108404#ixzz35uX4KECf |date=October 11, 2019 }}, ], June 27, 2014.</ref>
== Life and work ==
Sami Al-Arian was born in ], the son of ]<ref>Rebecca Carroll, ], April 24. 2009.</ref><ref>, ], December 7, 2005.</ref>, and came to the United States in 1975 at the age of 17 to attend university.<ref name="Bio"></ref> He obtained his Bachelor's Degree, graduating with honors in 1978 with a major in ], and completed his Master's Degree and Ph.D. in ] in 1980 and 1985 respectively.{{Fact|date=November 2008}} In 1986, he was hired as a professor in the Computer Sciences Department at the ] in ]. He is married to Nahla Al-Arian and has five children.<ref name="Bio"/> His son Abdullah Al-Arian was an intern for U.S. Rep. ] in 2001.<ref name="intern">, ], June 29, 2001.</ref> Sami Al-Arian's eldest daughter, Laila Al-Arian, is a producer for Al Jazeera English in Washington DC and a contributor to the ]<ref></ref> and ]<ref></ref>.


Al-Arian's activities and connections became a factor in multiple political campaigns, including the ] and the ].<ref>{{Cite news|url=https://www.tampabay.com/archive/2004/09/22/martinez-going-after-castor-on-al-arian-issue/|title=Martinez going after Castor on Al-Arian issue|newspaper=]|accessdate=February 28, 2022|archive-date=February 15, 2022|archive-url=https://web.archive.org/web/20220215205235/https://www.tampabay.com/archive/2004/09/22/martinez-going-after-castor-on-al-arian-issue/|url-status=live}}</ref><ref>{{Cite web|url=https://www.politico.com/story/2010/02/al-arian-roils-calif-senate-race-033541|title=Al-Arian roils Calif. Senate race|first=Josh|last=Gerstein|website=Politico.com|date=February 25, 2010 |accessdate=February 28, 2022|archive-date=February 16, 2022|archive-url=https://web.archive.org/web/20220216005635/https://www.politico.com/story/2010/02/al-arian-roils-calif-senate-race-033541|url-status=live}}</ref>
Al-Arian was a frequent speaker and lecturer on college campuses, churches, and conferences on interfaith dialogue, community development, and civil rights. He also organized voter registration drives, political candidates and lobbied policy makers. In 1981 he helped establish the ]. In 1990 he co-founded the World and Islam Studies Enterprise (WISE), an academic institution promoting dialogue between the Muslim and Western worlds. He also helped establish the Islamic Committee for Palestine to raise awareness of the plight of the Palestinians.<ref name="Bio"/> .<ref name="Laughlin-plea"/> In 1997 he cofounded the Tampa Bay Coalition for Peace and Justice which focused on the use of secret evidence and other civil rights violations legislated in 1996 ] and ] acts. He also co-founded the National Coalition to Protect Political Freedom to oppose the use of secret evidence and was elected its first president in 2000.<ref name="Bio"/>


He was deported to ] on February 4, 2015.<ref>Jodie Tillman, , ], February 5, 2015.</ref>
As part of his activism, Al-Arian met with then candidate ] at a campaign event in Florida in March 2000 where Bush and his wife, Laura, posed for a photo with Al-Arian and his family members. Al-Arian later claimed to have spoken to Bush about the government use of "secret evidence" in deportation proceedings against accused terrorists. When Bush subsequently brought up the issue in a debate with ], Al-Arian was reportedly "thrilled--and began registering local Muslims to vote and promoting Bush's candidacy at local mosques." He also lobbied Congress on civil liberties matters, contributed thousands of dollars to the campaigns of influential members of Congress, and renounced violence during television appearances.<ref name="Isikoff">{{cite news
| last = Isikoff
| first = Michael
| coauthors =
| title = Hiding in Plain Sight: Did a Muslim professor use activism as a cloak for terror?
| work = Newsweek
| page = 27
| date = March 3, 2003
| accessdate = 2007-03-25 }}</ref>


==Early life and education==
In June, 2001, Al-Arian joined 150 ] activists in a White House briefing with ]. His son Abdullah Al-Arian was the subject of national media attention when he was escorted out of the White House event by the ] without explanation, prompting an apology by ] ].<ref name="intern"/>
===Kuwait and Egypt===
Al-Arian was born on January 14, 1958, in ]. His parents, Amin and Laila Al-Arian, were ] who left after the creation of ] in 1948.<ref name="war">{{cite news |title=Arab-Americans' feelings mixed on postwar hoopla |first=Ellen |last=Debenport |newspaper=] |date= March 10, 1991 }}</ref><ref name="rep1">{{cite news | first = Bill | last = Varian | title = Al-Arian's rise in U.S. began in academics | date = February 21, 2003 | url = http://www.sptimes.com/2003/02/21/TampaBay/Al_Arian_s_rise_in_US.shtml | work = Tampa Bay Times | accessdate = October 20, 2012 | archive-date = September 24, 2015 | archive-url = https://web.archive.org/web/20150924120352/http://www.sptimes.com/2003/02/21/TampaBay/Al_Arian_s_rise_in_US.shtml | url-status = live }}</ref> After the ], Amin had to leave behind the family soap factory in ] and flee towards the ].<ref name='post1'/> Amin's family migrated to Kuwait in 1957 where Sami Al-Arian was born.<ref name='post1'/> Under Kuwaiti law, his parents had legal resident status but he was not eligible for citizenship.<ref name="usflib">{{cite web | url = http://www.lib.usf.edu/aeon/eads/index.html?eadrequest=true&ead_id=U29-00074-A06 | title = Guide to the Sami Al-Arian Collection, 1986–2007 | last = Camp | first = Paul | publisher = ] Libraries – Special & Digital Collections | accessdate = October 21, 2012 | archive-date = June 2, 2018 | archive-url = https://web.archive.org/web/20180602193805/http://www.lib.usf.edu/aeon/eads/index.html?eadrequest=true&ead_id=U29-00074-A06 | url-status = live }}</ref> In 1966, his family left ] and went back to ]. He received his primary and secondary education at ], ].<ref name="usflib"/><ref name="book1"/> He left Egypt in 1975, and returned in 1979 for a visit when he married Nahla Al-Najjar.<ref name="usflib"/>


===United States===
==Conspiracy prosecution==
Sponsored by his father, Sami went to America for education.<ref name='post1'/> In 1975, Al-Arian came to the United States to study engineering at ].<ref name="events"/> In 1978, he graduated with a major in Electrical Sciences and Systems Engineering. At ], he earned his master's degree in 1980 and ] in 1985.<ref name="usflib"/><ref name="harvard1">{{cite web | url = http://www.pluralism.org/reports/view/97 | title = The Strange Trial of Dr. Sami Al-Arian: Controversies around Secret Evidence, Academic Freedom, and Free Speech | accessdate = October 21, 2012 | year = 2005 | website = The Pluralism Project |archive-date=June 3, 2011 |archive-url=https://web.archive.org/web/20110603022134/http://pluralism.org/reports/view/97 | publisher = Harvard University}}</ref> He worked with Professor ] on physical failures and fault models of ] circuits.<ref>{{Cite journal|url=https://ieeexplore.ieee.org/document/1086138/references#references|title=Physical failures and fault models of CMOS circuits|first1=S.|last1=Al-Arian|first2=D.|last2=Agrawal|date=March 28, 1987|journal=IEEE Transactions on Circuits and Systems|volume=34|issue=3|pages=269–279|accessdate=February 28, 2022|via=IEEE Xplore|doi=10.1109/TCS.1987.1086138|archive-date=January 22, 2022|archive-url=https://web.archive.org/web/20220122063925/https://ieeexplore.ieee.org/document/1086138/references#references|url-status=live}}</ref>
===Arrest and Trial===
On February 20, 2003 the U.S. Department of Justice announced that Al-Arian had been arrested as "alleged leader" of the ] (PIJ) in the United States and Secretary of the "Shura Council," or worldwide governing group of the Palestine Islamic Jihad. They also charged three others living in the United States, as well as four outside the U.S., including Al-Arian's University of South Florida associate Ramadan Abdullah Shallah. A 50-count indictment charged defendants under RICO with operating a racketeering enterprise from 1984 that engaged in violent activities, as well as "conspiracy within the United States to kill and maim persons abroad, conspiracy to provide material support and resources to PIJ, conspiracy to violate emergency economic sanctions, engaging in various acts of interstate extortion, perjury, obstruction of justice and immigration fraud." The indictment alleged a ten year conspiracy to support PIJ worldwide, help solve internal PIJ disputes and financial problems, help disseminate PIJ claims it was responsible for terrorist attacks in Israel, and to raise funds within the United States for "violent jihad." The indictment alleged numerous PIJ-associated terrorist acts resulting in the murders of over 100 people in Israel and the Occupied Territories.<ref>- February 20, 2003.</ref> Al-Arian's told reporters “it’s all about politics” and his attorney labeled the indictment a “work of fiction.”<ref name="Isikoff"/>


==Tenured at University of South Florida==
Al-Arian's was tried with codefendants Ghassan Ballut, Hatim Fariz and Sameeh Hammoudeh in the ] in ], beginning in June 2005. At trial, FBI agent Kerry Myers testified that the Palestinian Islamic Jihad had planned an attack inside the United States but said all information about the plot was classified and he could not discuss it. Under cross-examination, Myers admitted that Palestinian Islamic Jihad had never carried out an attack outside Israel and the "occupied territories." Agent Myers also testified that during its 10-year investigation of Al-Arian and his three co-defendants, the FBI intercepted 472,239 telephone calls on 18 tapped lines. However, none involved any discussion of an attack against the United States or show advanced knowledge of any attacks in the Middle East.<ref name="Fechter">{{cite news |first= Michael |last= Fechter |title= Witness: Islamic Jihad Planned Strike In U.S. |url= http://www.tampatrib.com/FloridaMetro/MGBHQF7YQCE.html |work= Tampa Bay Tribune |publisher= Media General Inc. |date= August 24, 2005 |accessdate= 2007-03-26 }}</ref> Furthermore, the conversations occurred before Palestinian Islamic Jihad was designated as a Foreign Terrorist Organization in 1995.<ref name="Laughlin-plea"/>
He moved to ] after he was hired as an assistant professor to teach computer engineering at ] (USF) on January 22, 1986.<ref name="usflib"/><ref name="book1"/><ref name="stp">{{cite news | first = Meg | last = Laughlin | title = Al-Arian | date = June 30, 2007 | url = http://www.sptimes.com/2007/06/30/Hillsborough/Al_Arian_s_wife_bids_.shtml | work = ] | accessdate = October 21, 2012 | archive-date = January 24, 2012 | url-status = dead | archive-url = https://web.archive.org/web/20120124022420/http://www.sptimes.com/2007/06/30/Hillsborough/Al_Arian_s_wife_bids_.shtml }}</ref> He was granted ] status for United States in March 1989.<ref name=BostonGlobe2005-12-07>{{cite news| url = https://www.boston.com/news/nation/articles/2005/12/07/fla_ex_professor_cleared_of_some_terror_charges/| title = Fla. ex-professor cleared of some terror charges| newspaper = The Boston Globe| author = Mitch Stacy| date = December 7, 2005| archive-date = October 25, 2012| archive-url = https://web.archive.org/web/20121025102902/http://www.boston.com/news/nation/articles/2005/12/07/fla_ex_professor_cleared_of_some_terror_charges/| url-status = live | quote = The case against Sami al-Arian, 47, had been seen as one of the biggest courtroom tests yet of the Patriot Act's expanded search-and-surveillance powers.}}</ref> He was promoted from an assistant professor to an associate professor with tenure.<ref name="usflib"/> He received many accolades relating to teaching including the Jerome Krivanek Distinguished Teacher Award in 1993 and a salary raise based on merit grades via the Teaching Incentive Program in 1994.<ref name="usflib"/>
The six-month trial featured more than 80 witnesses and 400 transcripts of intercepted phone conversations and faxes. At the end of the prosecution's case, Al-Arian's attorneys rested without offering a defense. On December 6, 2005, after 13 days of deliberations, the jury acquitted Al-Arian on 8 of 17 counts, and deadlocked on the others with 10-2 favoring acquittal<ref>http://blogs.tampabay.com/breakingnews/2009/01/al-arian-to-be.html</ref>; another co-defendant also was acquitted or faced deadlocks. Two of his co-defendants were acquitted entirely. U.S. Justice Department officials said they were considering whether to retry Al-Arian and co-defendant Hatem Fariz on the jury deadlock charges, one of which carried a life sentence.<ref name="Laughlin12-7-05">Meg Laughlin, Jennifer Liberto and Justin George, , ], December 7, 2005.</ref>


==Activism==
Jurors had mixed reactions.<ref name="what">{{cite news|url=http://www.sptimes.com/2006/04/23/Hillsborough/In_his_plea_deal__wha.shtml|title=In his plea deal, what did Sami Al-Arian admit to?; Buried within legalese: an admission that he continued to aid relatives and colleagues associated with PIJ after it was designated a terrorist group.|last=Laughlin|first=Meg|date=April 23, 2006|work=St. Petersburg Times|accessdate=28 February 2010}}</ref> One who voted for acquittal with the majority, said, "They have so little on that I'm disappointed. Most of us think he gave in because he was so sick of being in jail."<ref name="what"/> But one of the few jurors who wanted to find him guilty on nine counts, causing a mistrial, said: <blockquote>Like another person on the jury, I was convinced Mr. Al-Arian was still working with the PIJ after it was illegal. He was a very smart man and knew how not to be obvious. For me, the absence of evidence didn't mean there was no evidence. For me, it suggested a coverup, which he admitted to, in the plea agreement.<ref name="what"/></blockquote>
===Community involvement and WISE===
He was very involved in the local community. He served as an ] for a local mosque and as a charter officer for the local religious school.<ref name='post1'/><ref name="usflib"/> In 1992, he hosted a local cable-access show — ''Peace be upon you''.<ref name='post1'/>


Al-Arian criticized the peace process led by ] president ] and advocated support for the Palestinian uprisings against ]i occupation during the 1980s and early 1990s.<ref name="rep5">{{cite news | first = James | last = Harper | title = USF professor's address canceled after threat | date = May 3, 1996 | work = ] }}</ref><ref name="rep6">{{cite news | first = Susan | last = Aschoff | title = Accused of being suspicious | date = May 7, 2000 | work = St. Petersburg Times }}</ref> On October 20, 1988, Al-Arian established the Islamic Concern Project, which included a committee devoted to raising charity for Palestine.<ref name="events">{{cite news|url=https://news.google.com/newspapers?id=3wowAAAAIBAJ&pg=4792,8100841&dq=sami+al-arian&hl=en|title=Events in the Sami Al-Arian Investigation|date=December 21, 2003|newspaper=]|accessdate=March 11, 2010|archive-date=September 30, 2021|archive-url=https://web.archive.org/web/20210930011304/https://news.google.com/newspapers?id=3wowAAAAIBAJ&pg=4792,8100841&dq=sami+al-arian&hl=en|url-status=live}}</ref><ref>{{cite news | title = University Seeks to Fire Scholar For Reputed Link to Terrorism
===Plea agreement===
| url = https://www.nytimes.com/2002/08/22/us/university-seeks-to-fire-scholar-for-reputed-link-to-terrorism.html |newspaper = ] |date= August 22, 2002|accessdate=October 21, 2012 | archive-date = May 2, 2014 | url-status = live
On February 28, 2006, Al-Arian plead guilty to one count of ] to contribute services to or for the benefit of the Palestinian Islamic Jihad<ref>http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml</ref>, a Specially Designated Terrorist organization, in violation of 18 U.S.C. § 371. In return, the U.S. Attorney agreed to dismiss the other eight remaining charges in the superseding ], agreed not to charge Al-Arian with any other crimes, entered no recommendation of a fine, and recommended "that the defendant receive a sentence at the low end of the applicable guideline." As part of the deal, Al-Arian agreed to expedited deportation.<ref name="PleaAgree"></ref> The plea agreement was unsealed and accepted by Judge ] on April 17, 2006. Al-Arian's sentencing was scheduled for May 1, 2006.<ref></ref>{{dead link|date=December 2008}} Al-Arian remained in custody pending his sentencing and deportation.
| archive-url = https://web.archive.org/web/20140502005927/http://www.nytimes.com/2002/08/22/us/university-seeks-to-fire-scholar-for-reputed-link-to-terrorism.html }}</ref> In 1990–91, his continued involvement in promoting dialogue between the West and Middle East<ref>{{cite news | first = Jonathan | last = Kaufman | title = In the war of words, a Palestinian professor tests limits of liberty | date = October 1, 2001 | work = Wall Street Journal }}</ref> led to the creation of World and Islam Studies Enterprise (WISE), which served as a ] that promoted public policy initiatives.<ref name="usflib"/><ref name="events"/> WISE and University of South Florida formally agreed to cooperate on March 11, 1992.<ref name="usflib"/><ref name="Laughlin-plea">{{cite news|url=http://www.sptimes.com/2006/04/23/Hillsborough/In_his_plea_deal__wha.shtml |title=In his plea deal, what did Sami Al-Arian admit to? |newspaper=] |author=Meg Laughlin |date=April 23, 2006 |archive-date=October 16, 2012 |archive-url=https://web.archive.org/web/20121016060604/http://www.sptimes.com/2006/04/23/Hillsborough/In_his_plea_deal__wha.shtml |url-status=dead }}</ref><ref name="Bio">{{cite news| url = http://www.freesamialarian.com/index.php?option=com_content&view=article&id=7&Itemid=5| title = Biography: Who is Dr. Sami Al-Arian?| publisher = ]| archive-date = February 22, 2012| archive-url = https://web.archive.org/web/20120222125530/http://www.freesamialarian.com/index.php?option=com_content&view=article&id=7&Itemid=5| url-status = live}}</ref> WISE published journals, supported graduate student education, and held seminars between American and Middle Eastern scholars.<ref name="r0395">{{cite news | first = James | last = Harper | title = Federal agents investigate ex-USF teacher | date = November 3, 1995 | work = ] }}</ref>


===Emerson film and investigation===
The deal came after 11 years of ] investigations, wiretaps and searches, three and a half years of trial preparation and process, time Al-Arian spent in jail, most of it in solitary confinement.<ref name="ML-Plea">Meg Laughlin,, ], April 24, 2006.</ref> Amnesty International said Al-Arian's pre-trial detention conditions "appeared to be 'gratuitously punitive'" and stated "the restrictions imposed on Dr. Al-Arian appeared to go beyond what were necessary on security grounds and were inconsistent with international standards for humane treatment."<ref name="AI30July2003"></ref>.
] published a film in November 1994 that accused WISE as a terrorist front organization which Al-Arian vehemently denied.<ref>{{cite news | first = Marty | last = Rosen | title = Anger rises in media debate | date = January 11, 1996 | work = ] }}</ref> In May 1995, Michael Fechter of the '']'' expanded on Emerson's film.<ref name="r0395"/><ref>{{cite news | first = James | last = Harper | title = E-mail tells little of ex-professor | date = November 9, 1995 | work = ] }}</ref> Sami Al-Arian's daughter, ], lambasted Emerson and the Tribune for publishing photographs of their home, school, and family car.<ref name="r0196">{{cite news | first = Marty | last = Rosen | title = USF-Muslim stories draw fiery debate | date = January 11, 1996 | work = ] }}</ref> In November 1995, federal agents investigating "violations of perjury and immigration laws" searched Sami Al-Arian's home for six hours to seize bank statements dating as far back as 1986, airline passes, telephone bills, AAA travel maps, family videotapes, audiotapes, and computer disks.<ref name="events"/><ref name="search">{{cite news | first = James | last = Harper | title = Professor's home, office searched | date = November 21, 1995 | work = ] }}</ref> A three-month independent inquiry was led by prominent Tampa lawyer and former USF President William Reece Smith that involved hundreds of documents and 59 interviews.<ref name="report"/> The investigation reported in May 1996 that there was "no evidence" to support the allegation that Al-Arian or WISE supported terrorism.<ref name="report"/> The report went on to conclude that University of South Florida officials acted appropriately in collaborating with WISE.<ref name="report"/> The 99-page report was lauded by USF President ] for its "comprehensive, thoughtful, and detailed analysis".<ref name="report">{{cite news | first = James | last = Harper | title = USF ties to Islamic group cleared | date = May 30, 1996 | work = ] }}</ref> In June 1996, Florida universities Chancellor Charles Reed also said their investigation found no links between WISE and terror organizations.<ref>{{cite news |title=USF Program Probed for Arab Terrorist Link |first= Jack |last= Wheat |newspaper= Miami Herald |date= June 2, 1995 }}</ref>


In May 1996, ] canceled a seminar that involved many speakers including Al-Arian after the ] (ADL) complained about the possibility of riots.<ref name="rep5"/> The ] (MESA), the United States's largest association of Middle East scholars, approved a resolution that rebuked ADL for "creating an atmosphere of intimidation that resulted in the cancellation of an academic event".<ref>{{cite news | first = James | last = Harper | title = Jewish group rebuked for 'silencing' USF scholar | date = November 28, 1996 | work = ] }}</ref> USF placed Al-Arian on paid ] in May 1996 pending the outcome of a federal investigation which had an indefinite time frame.<ref name="events"/> Students complained in August 1997 after a graduation requirement course taught by Al-Arian was cancelled.<ref>{{cite news | first = Susan | last = Aschoff | title = USF teacher in legal limbo, not class | work = ] }}</ref> After consultation with authorities who brought no charges after a three-year federal investigation,<ref>{{cite news | first = Susan | last = Aschoff | title = USF consults investigators in plan to reinstate Al-Arian | date = March 14, 1998 | work = St. Petersburg Times }}</ref> USF decided to reinstate him in August 1998.<ref>{{cite news | first = Susan | last = Aschoff | title = Professor back at USF after suspension | date = August 26, 1998 | work = St. Petersburg Times }}</ref>
At the plea agreement hearing, U.S. Magistrate Thomas B. McCoun said, "...&nbsp;if you're satisfied you're guilty or you believe it's in your best interest to plead guilty ... let me know that." Al-Arian replied, "I believe it's in my best interest to enter a plea."<ref name="ML-Plea"/>


===Citizenship===
Al-Arian admitted knowing "that the PIJ achieved its objectives by, among other means, acts of violence."<ref name="Silvestrini">Elaine Silvestrini, , ''Tampa Tribune'', April 18, 2006</ref>
He applied for U.S. citizenship in January 1994. Although he was informed that he passed all of the requirements to obtain citizenship in September 1994, he was neither granted nor denied citizenship. Federal law requires notification within 120 days after the citizenship examination. In October 1995, he filed suit for a judge to award him citizenship directly.<ref name="citizen">{{cite news | first = James | last = Harper | title = Professor sues over citizenship delay | date = October 25, 1995 | work =] }}</ref> His petition for citizenship was denied in March 1996 for allegedly unlawfully voting in a 1994 ] local election.<ref name="citizen 2">{{cite news | first = James | last = Harper | title = Affidavits link USF professor, terrorists | date = April 19, 1996 | work = ] }}</ref><ref>{{cite news | first = John | last = Sugg | title = Jailed Palestinian Professor Sami Al-Arian to Be Deported After Prosecutors Fail to Convict Him on a Single Charge | date = April 17, 2006 | url = http://www.democracynow.org/2006/4/17/jailed_palestinian_professor_sami_al_arian | work = Democracy Now | accessdate = October 21, 2012 | archive-date = May 19, 2020 | archive-url = https://web.archive.org/web/20200519231935/https://www.democracynow.org/2006/4/17/jailed_palestinian_professor_sami_al_arian | url-status = live }}</ref>


===Mazen Al-Najjar===
For its part, the government acknowledged that Al-Arian's activities were nonviolent and that there were no victims to the charge in the plea agreement. Later that day, supporters of Al-Arian stated that the agreement was reached in part to end the suffering of the family and to reunite them in freedom.<ref name="Silvestrini"/><ref>, ], Published May 1, 2006</ref><ref>, ], April 18, 2006.</ref>
Sami Al-Arian's brother-in-law Mazen Al-Najjar was jailed for nearly five years, accused of having links to Palestinian terrorists.<ref name="tampabay.com">{{Cite web|url = https://www.tampabay.com/news/courts/sami-al-arian-leaves-us-and-goes-to-turkey/2216534/|title = Ex-USF professor Sami al-Arian deported to Turkey|website = Tampabay.com|date = February 5, 2015|access-date = February 7, 2015|archive-date = November 8, 2020|archive-url = https://web.archive.org/web/20201108135320/https://www.tampabay.com/news/courts/sami-al-arian-leaves-us-and-goes-to-turkey/2216534/|url-status = live}}</ref> In May 1997, Al-Najjar was incarcerated in ], Florida without charge and was held in jail indefinitely on the basis of secret evidence.<ref name="rep6"/><ref>{{cite news | first = Susan | last = Aschoff | title = Grand jury subpoenas Chicago Muslim | date = February 6, 1998 | work = St. Petersburg Times }}</ref><ref>{{Cite web |title=Justice Not Served for the Muslim Community |date=December 17, 2001 |publisher=] |url=https://www.democracynow.org/2001/12/17/justice_not_served_for_the_muslim |archive-url=https://web.archive.org/web/20071212100651/https://www.democracynow.org/2001/12/17/justice_not_served_for_the_muslim |archive-date=December 12, 2007 |access-date=February 25, 2023 |url-status=live }}</ref> Although Judge McHugh found Al-Najjar to be a respected member of a community, McHugh denied bail on the basis of secret evidence in May 1997.<ref name="rep6"/> In May 2000, U.S. district judge John A. Leonard ordered a rehearing because Al-Najjar's right to due process had been violated when the government did not cede evidence in order for Al-Najjar to defend himself.<ref name="rep7"/><ref name="ref10">{{cite news | title = Palestinian remains jailed while lawyers fight secret evidence battle | date = September 1, 2000 | agency = Associated Press }}</ref> During the first day of the rehearing in August 2000, the government called Al-Arian to testify. Several legal analysts and Al-Arian were convinced that Al-Arian, not Al-Najjar, was the focus of the Al-Najjar's court case.<ref>{{cite news | title = Agent: Government lacks direct evidence in terrorism case | date = August 31, 2000 | agency = Associated Press }}</ref> On the advice of his attorney, Al-Arian cited the ] to 99 of 102 questions.<ref name="rep7">{{cite news | first = Susan | last = Aschoff | title = Al-Najjar relative grilled on stand | date = August 30, 2000 | work = St. Petersburg Times }}</ref> Because Al-Najjar was a Palestinian born in Gaza during Egyptian control of the region, Al-Najjar essentially had no citizenship anywhere and the allegations that he was connected to terrorists had ruined attempts to find a country to take him, his wife, and three young daughters.<ref name="ref10"/> Al-Najjar was released in December 2000 after a judge ruled the government had no evidence to continue holding him.<ref>{{cite news | first = Vickie | last = Chachere | title = Freed Palestinian vows to be activist for others being held | date = December 18, 2000 | agency = Associated Press }}</ref><ref>{{cite news | first = Susan | last = Aschoff | title = Tampa's Muslims brace for backlash | date = September 12, 2001 | work = St. Petersburg Times }}</ref><ref group="notes">Al-Najjar was again detained in November 2001 by Immigration and Naturalization Service (INS). He was held in detention officially for overstaying his ] in the 1980s. His supporters accused the government of subverting civil liberties in the wake of the September 11 attacks. Al-Najjar was granted a two-week tourist visa by ]. But en route to Ireland, Bahrain reversed its decision to accept Al-Najjar. After negotiations, Al-Najjar flew to Italy and then landed in ], which granted him a six-month visitor's visa beginning in August 2002.</ref> He overstayed his US student visa, and was deported in August 2002.<ref name="tampabay.com"/>

===Political involvement===
Inspired by Al-Najjar's predicament, Al-Arian co-founded the Tampa Bay Coalition for Peace and Justice, which focused on the use of secret evidence and other ] issues in ] and ]. In 2000, Al-Arian co-founded and led the National Coalition to Protect Political Freedom.<ref name="briefing"/> '']'' named him as a "premier civil rights activist" for his efforts to repeal the use of secret evidence in trials.<ref name="book1">{{cite book |title=American Dissidents: An Encyclopedia of Activists, Subversives, and Prisoners of Conscience, Volume 1 |first=Kathlyn |last=Gay |publisher=ABC-CLIO |year=2011 |isbn=978-1598847642 |pages=17–22 |accessdate=October 20, 2012 |url=https://books.google.com/books?id=ZzQVpPvlVMcC&q=sami+al+arian&pg=PA18 |archive-date=September 30, 2021 |archive-url=https://web.archive.org/web/20210930150447/https://books.google.com/books?id=ZzQVpPvlVMcC&q=sami+al+arian&pg=PA18 |url-status=live }}</ref>

Al-Arian visited the White House four times from 1997 to 2001.<ref name="info"/>

During the ], Al-Arian contacted ] and ] to address the use of secret evidence to detain U.S. citizens without charge.<ref name='post1'/> Al-Arian met Bush during a campaign stop at the ] to demonstrate against the Clinton administration's use of secret evidence.<ref>{{cite news | first = Dan | last = Mangan | title = White House twist in terror prof's case | date = February 24, 2003 | work = The New York Post }}</ref> After ] in which Bush decried the use of secret evidence as a form of racial profiling against Arab-Americans, Al-Arian began campaigning for Bush as the candidate most likely to end discrimination.<ref name='post1'/> During the White House briefing that announced Bush as the winner of the election, Al-Arian received a spot in the front row for his voter outreach efforts in Florida.<ref name='post1'/> On June 20, 2001, Al-Arian joined 160 ] activists in a White House briefing with Bush senior adviser ].<ref>{{cite journal | title = Suspected terror financier to highlight ties to Bush, Hill | journal = CongressDaily | date = June 6, 2005 | first = John | last = Stanton | pages = 6}}</ref> But in a separate White House event on June 28, his son Abdullah – a congressional intern – made national headlines when he was escorted out by ] without explanation. Twenty four Muslim community leaders walked out also to protest Abdullah's ejection.<ref name="briefing">{{cite news | first = Caryle | last = Murphy | title = Muslim Leaders Leave White House Briefing; Removal of Intern Leads to Walkout | date = June 29, 2001 | newspaper = The Washington Post }}</ref><ref name="info"/> The Secret Service later apologized for the incident citing "confusion by one of its guards".<ref name="info">{{cite news | first = Susan | last = Aschoff | title = Professor's son ejected from D.C. meeting | date = July 29, 2001 | work = St. Petersburg Times }}</ref> President Bush personally apologized in a letter to Nahla and thanked the family for their charitable contributions to the Muslim communities around the world.<ref name='post1'/>

The Tampa Bay Muslim Alliance (TBMA) and Al-Arian had helped the resettlement of 50 families fleeing from the ]. Al-Arian and other leaders of TBMA condemned the ] in the immediate aftermath. Al-Arian encouraged the nation to pursue those responsible but simultaneously discouraged acts of war that might impact innocent people. He discouraged radio talk show hosts from spreading hate-filled rhetoric and called for national unity.<ref>{{cite news | first = Babita | last = Persaud | title = Bay area Muslims lament toll of terrorism // Leaders call for justice, not war | date = September 19, 2001 | work = St. Petersburg Times }}</ref> Al-Arian led the local Muslim community in organizing a blood drive in solidarity with the victims of September 11.

Al-Arian had opposed the ] and has spoken at a rally against the war. He has also been critical of ] and the ] movement.<ref>Archived at {{cbignore}} and the {{cbignore}}: {{cite web| url = https://www.youtube.com/watch?v=EyVrvvYtaaU| title = Dr. Sami Al-Arian 2002 anti-war appeal (interview) | website=]}}{{cbignore}}</ref>{{primary source inline|date=January 2024}}

===Education===
Al-Arian co-founded the ]. After his criminal indictment, the school dissolved itself in 2004, with the new ] using the former Islamic Academy buildings and equipment, with most of the students remaining.<ref name=Brown>{{cite news|author=Brown, Marilyn|url=http://www.tampatrib.com/FloridaMetro/MGBCSJ6E3FE.html|archive-url=https://web.archive.org/web/20060611034801/http://www.tampatrib.com/FloridaMetro/MGBCSJ6E3FE.html|url-status=dead|archive-date=2006-06-11|title=School Purging Links To Al-Arian|newspaper=]|date=2005-10-13|accessdate=2019-05-03}}</ref>

==O'Reilly controversy==
===Television interview===
On September 26, 2001, Al-Arian was invited to appear on '']'' to discuss Arab-American reactions to the 9/11 attacks.<ref name='post1'/><ref>{{cite news | title = The Case of Sami al-Arian | date = July 9, 2004 | url = http://www.democracynow.org/2004/7/9/the_case_of_sami_al_arian | work = Democracy Now! | accessdate = October 28, 2012 | archive-date = December 18, 2019 | archive-url = https://web.archive.org/web/20191218110941/https://www.democracynow.org/2004/7/9/the_case_of_sami_al_arian | url-status = live }}</ref> O'Reilly never addressed the reactions of Arab-Americans<ref name='post1'>{{cite news | first = Richard | last = Leiby | title = Talking Out of School; Was an Islamic Professor Exercising His Freedom or Promoting Terror? | date = July 28, 2002 | newspaper = The Washington Post }}</ref> and confronted Al-Arian with a 1988 recording of him shouting "]".<ref> . Fox News. September 26, 2001</ref>

{{blockquote|O'REILLY: In – in 1988, you did a little speaking engagement in Cleveland, and you were quoted as saying, "Jihad is our path. Victory to Islam. Death to Israel. Revolution. Revolution until victory. Rolling to Jerusalem." Did you say that?<br />
AL-ARIAN: Let me just put it into context. When president Bush talked about crusade, we understand what he meant here. The Muslim world thought he is going to carry a cross and go invade the Muslim world and turn them into Christians. We have to understand the context. When you say "Death to Israel", you mean death to occupation, death to apartheid, death to oppression, death to ... (sentence interrupted)}}

O'Reilly ended his interview by calling for the ] to shadow Al-Arian. USF spokesman Michael Reich said that "O'Reilly's comments were nothing but speculation."<ref>{{cite news | first = Tamara | last = Lush | url = http://www.sptimes.com/News/092801/news_pf/TampaBay/TV_terrorist_talk_lea.shtml | title = TV terrorist talk leads USF to address security | date = September 28, 2001 | work = St. Petersburg Times | accessdate = October 29, 2012 | archive-date = March 4, 2016 | archive-url = https://web.archive.org/web/20160304104915/http://www.sptimes.com/News/092801/news_pf/TampaBay/TV_terrorist_talk_lea.shtml | url-status = live }}</ref> The O'Reilly interview caused Al-Arian to receive death threats from throughout the country.<ref>{{cite news | first = Mary Jo | last = Melone | url = http://www.sptimes.com/News/093001/Columns/Where_hard_evidence_i.shtml | title = Where hard evidence is lacking, fear fills the void | date = September 30, 2001 | work = St. Petersburg Times | accessdate = October 29, 2012 | archive-date = June 2, 2016 | archive-url = https://web.archive.org/web/20160602081244/http://www.sptimes.com/News/093001/Columns/Where_hard_evidence_i.shtml | url-status = live }}</ref>

===Academic freedom===
In October 2001, USF president ] placed Al-Arian on paid administrative leave and prohibited Al-Arian from entering USF property because she believed Al-Arian's presence would compromise campus security.<ref>{{cite news | title = Threats continue after professor leaves | date = October 14, 2001 | work = St. Petersburg Times }}</ref><ref>{{cite news | first = Barry | last = Klein | title = USF trustees to hear report on Al-Arian | date = December 19, 2001 | work = St. Petersburg Times }}</ref> During winter recess when students and faculty were on leave in December 2001, Genshaft and the USF Board of Trustees declared their intention to fire Al-Arian from teaching at USF because of academic disruption and problems for campus safety. The Faculty Senate President Gregory Paveza condemned the intention to fire as underhanded because the professors did not have their voices heard.<ref>{{cite news | first = Babita | last = Persaud | title = Faculty to discuss Al-Arian firing | date = January 1, 2002 | work = St. Petersburg Times }}</ref> The faculty adviser to the Board of Trustees resigned in protest of the firing.<ref>{{cite news | first = Babita | last = Persaud | title = Adviser protests Al-Arian decision | date = January 4, 2002 | work = St. Petersburg Times }}</ref> The Faculty Senate held an emergency meeting in January 2002 in which they approved by a wide majority a resolution that condemned the firing as an assault on academic freedom.<ref name='post1'/><ref>{{cite news | first = Barry | last = Klein |author2=Babita Persaud | title = Faculty leaders refuse to back Al-Arian firing | date = January 10, 2002 | work = St. Petersburg Times }}</ref> United Faculty of Florida, the faculty union representing USF professors, voted to throw its full support behind Al-Arian and condemned the university for exaggerating security concerns.<ref>{{cite news | first = Babita | last = Persaud | title = USF faculty union supports Al-Arian | date = January 11, 2002 | work = St. Petersburg Times }}</ref>

CNN did an interview with Al-Arian in January 2002 in which Al-Arian accused the university of allowing those who make death threats to dictate the limits of academic freedom.<ref>{{cite news | first = Lisa | last = Ling |author2=Diana Muriel | title = Interview with Sami Al-Arian | date = January 14, 2002 | work = CNN }}</ref> ] Governor Jeb Bush entered into the fray when he offered support for Genshaft's decision for Al-Arian's dismissal.<ref>{{cite news | first = Bill | last = Rufty | title = Ousted USF Professor Sami Al-Arian to discuss controversy, Islamic issues, speaking his mind | date = February 13, 2002 | work = The Ledger }}</ref> An editorial from '']'' criticized Bush and the university's handling of the case as an affront to freedom of speech.<ref>{{cite news | title = Protecting Speech on Campus | date = January 27, 2002 | work = The New York Times }}</ref> In late January, several student organizations at USF rallied on campus to protest Genshaft's firing of Al-Arian.<ref>{{cite news | first = Rob | last = Brannon | title = U. South Florida students rally for academic freedom | date = January 24, 2002 | publisher = The Oracle | work = University Wire }}</ref> At the Unitarian Universalist Fellowship in Lakeland in February 2002, Al-Arian discussed the history of the Israeli-Palestinian conflict and answered questions from the community regarding his USF quandary.<ref>{{cite news | first = Bill | last = Lofty | title = Professor defends his beliefs under attack; Al-Arian draws respect for his courage | date = February 14, 2002 | work = The Ledger }}</ref> Roy Weatherford, the President of the USF Faculty Union, lambasted the decision to fire Al-Arian in front of Genshaft in a faculty summit in March 2002.<ref name="aaup">{{cite news | first = Chris | last = O'Donnell | title = U. South Florida president criticized at lecture | date = March 8, 2002 | publisher = The Oracle | work = University Wire }}</ref> Following the summit, the ] (AAUP) revealed that it was conducting an investigation on Genshaft to determine if she had violated academic freedom.<ref name="aaup"/> In late April 2002, AAUP investigators reported that Genshaft was wavering on her decision to fire Al-Arian, especially if the university was officially censured. AAUP investigators went on to conclude that Genshaft's decision to place Al-Arian on paid administrative leave rather than suspension reflected her lack of faith in legal advice that green-lighted Al-Arian's firing. USF denied the report and denied that AAUP's decision for censure would factor in Al-Arian's firing.<ref>{{cite news | first = Graham | last = Brink | title = Investigator: USF chief wavering on Al-Arian's fate | date = April 26, 2002 | work = St. Petersburg Times }}</ref>

The largest national teachers' union, ], called on Genshaft in July 2002 to protect academic freedom by the reinstatement of Al-Arian.<ref>{{cite news | first = Anita | last = Kumar | title = Teachers union urges USF to restore Al-Arian | date = July 9, 2002 | work = St. Petersburg Times }}</ref> AAUP's investigating committee determined USF's premise for Al-Arian's removal was "insubstantial" and cited "grave issues of academic freedom and due process". ] and professors nationwide condemned USF for willingly capitulating to post-9/11 hysteria.<ref name='post1'/> Former ] (CIA) agent Vincent Cannistraro publicly rebuked allegations against Al-Arian and testified in a ] that Al-Arian had no ties to illegal organizations.<ref name='post1'/><ref>{{cite news | first = Graham | last = Brink | title = Al-Arian called a jihad founder | date = August 20, 2002 | work = St. Petersburg Times }}</ref>

The investments of the Genshaft Family Foundation (GFF) in ]s of the Industrial Development Bank of Israel came under scrutiny in September 2002. Several internet petitions also cited Genshaft's Jewish faith to raise support against Al-Arian. Genshaft denied knowing about the corporate bonds and said her decisions were neither affected by her investments nor her religion in the Al Arian case.<ref>{{cite news | first = Chuck | last = Murphy | title = Genshaft allies cite her religion in Al-Arian case | date = September 14, 2002 | url = http://www.sptimes.com/2002/09/14/TampaBay/Genshaft_allies_cite_.shtml | work = St. Petersburg Times | accessdate = December 25, 2012 | archive-date = March 4, 2016 | archive-url = https://web.archive.org/web/20160304203236/http://www.sptimes.com/2002/09/14/TampaBay/Genshaft_allies_cite_.shtml | url-status = live }}</ref> ], a prominent scholar of Middle East, cancelled his USF speech in October 2002 to protest Genshaft's contraventions on academic freedom.<ref>{{cite news | first = Anita | last = Kumar | title = USF speech canceled in protest | date = September 14, 2002 | url = http://www.sptimes.com/2002/09/14/TampaBay/USF_speech_canceled_i.shtml | work = St. Petersburg Times | accessdate = December 25, 2012 | archive-date = March 4, 2016 | archive-url = https://web.archive.org/web/20160304104534/http://www.sptimes.com/2002/09/14/TampaBay/USF_speech_canceled_i.shtml | url-status = live }}</ref>

Because Genshaft feared the punitive lawsuits if she fired Al-Arian, Genshaft continued to pursue the Al-Arian's dismissal through an unusual step in which she asked Hillsborough Circuit Court to determine whether firing Al-Arian would violate Al-Arian's ] rights.<ref>{{cite news | first = Anita | last = Kumar | title = Al-Arian asks judge to put USF dispute out of court | date = October 17, 2002 | work = St. Petersburg Times }}</ref> ] judge ] dismissed Genshaft's case in December 2002. After Al-Arian filed a grievance contending that Genshaft broke the union contract by disciplining Al-Arian, Genshaft reversed course and affirmed Al-Arian was never disciplined.<ref>{{cite news | first = Anita | last = Kumar | title = Al-Arian files USF grievance | date = January 7, 2003 | work = St. Petersburg Times }}</ref> But a week after a federal indictment on Al-Arian, Genshaft fired him on February 27, 2003, by using the indictment as legal cover to protect the university from any ensuing lawsuit.<ref>{{cite news | first = Anita | last = Kumar | title = USF fires Al-Arian after terrorism charges | date = February 27, 2013 | work = St. Petersburg Times }}</ref>

===Loftus lawsuit===
In March 2002, ] compounded on O'Reilly's accusations by citing anonymous sources and filing a lawsuit that claimed Al-Arian used state-regulated organizations to launder money.<ref>{{cite news | first = Graham | last = Brink | title = Transcript quotes Al-Arian speaking at rallies | date = March 26, 2002 | work = St. Petersburg Times }}</ref> Al-Arian's defense team derided the lawsuit as a publicity seeking stunt and suggested Loftus needed mental treatment.<ref name="sandwich">{{cite news | first = Graham | last = Brink | title = Suit against Al-Arian filed again | date = July 2, 2002 | work = St. Petersburg Times }}</ref><ref>{{cite news | first = Rob | last = Brannon | title = Lawsuit refiled against U. South Florida professor | date = July 8, 2002 | publisher = The Oracle | work = University Wire }}</ref> Loftus's lawsuit was summarily dismissed by the judge for failing to adequately show how Loftus was personally injured by Al-Arian's alleged activities.<ref name="sandwich"/>

==Indictment==
{{main|Sami Al-Arian indictments and trial}}

===Indictment===
After one of the ]'s longest-running and most controversial terrorism investigations, federal prosecutors filed an indictment on February 21, 2003, which charged Al-Arian with ] for ] (PIJ). Al-Arian was indicted with co-defendants Ghassan Ballut, Hatim Fariz, and Sameeh Hammoudeh.<ref>{{cite news | first = Eric | last = Lichtblau | author2 = Judith Miller | title = Threats and responses: The Money Trail; Indictment ties U.S. professor to terror group | date = January 21, 2003 | url = https://www.nytimes.com/2003/02/21/us/threats-responses-money-trail-indictment-ties-us-professor-terror-group.html | work = The New York Times | accessdate = December 27, 2012 | archive-date = November 29, 2018 | archive-url = https://web.archive.org/web/20181129144309/https://www.nytimes.com/2003/02/21/us/threats-responses-money-trail-indictment-ties-us-professor-terror-group.html | url-status = live }}</ref> ] ] hailed the vastly expanded powers of the ] as fundamental to the indictment. ] groups condemned the indictment as persecution for Al-Arian's advocacy of Palestinian causes.<ref>{{cite news | first = Eric | last = Lichtblau | author2 = Judith Miller | title = Threats and responses: The Professor, Officials Say Case Against professor had been hindered | date = February 22, 2003 | url = https://www.nytimes.com/2003/02/22/world/threats-responses-professor-officials-say-case-against-professor-had-been.html | work = The New York Times | accessdate = December 29, 2012 | archive-date = October 16, 2020 | archive-url = https://web.archive.org/web/20201016065023/https://www.nytimes.com/2003/02/22/world/threats-responses-professor-officials-say-case-against-professor-had-been.html | url-status = live }}</ref> Local community activists, Iraq war protesters, and Muslim-Americans held demonstrations regularly on Al-Arian's affair in the weeks following the indictment.<ref>{{cite news | first = Bob | last = Edwards |author2=Greg Allen | title = Firing of Professor Sami Al-Arian from the University of South Florida | date = February 28, 2003 | work = National Public Radio }}</ref> Al-Arian labeled his arrest a consequence of post-9/11 hysteria at a public pronouncement in front of a courthouse rally by his supporters.<ref>{{cite news | first = Rachel | last = La Corte | title = Al-Arian calls self 'prisoner of conscience,' victim of hysteria | date = February 25, 2003 | agency=The Associated Press State & Local Wire }}</ref>

In the wake of the indictment of Al-Arian, he became a major issue in the ]. Former USF president Castor, running for Senate, was attacked in the Democratic ] by opponent ] ] and an allied ] and in the general election by opponent former ] ] for not denoucing or firing Al-Arian.<ref name="CastorSenate">* {{cite web |last=Van Sickler |first=Michael |date=July 14, 2004 |title=Al-Arian tangles Senate race |url=https://www.tampabay.com/archive/2004/07/14/al-arian-tangles-senate-race/ |newspaper=]}}
* {{cite web |date=August 30, 2004 |title=Senate primary election won't signal an end to the Al-Arian debate |url=https://www.heraldtribune.com/story/news/2004/08/30/senate-primary-election-wont-signal-an-end-to-the-al-arian-debate/28437942007/ |newspaper=]}}
* {{cite web |last=Curry |first=Tom |date=October 4, 2004 |title=Terrorism charges dominate Florida Senate race |url=https://www.nbcnews.com/id/wbna6168210 |website=]}}</ref>

===Trial===
Al-Arian's five-month, 13-day trial began with frenzied attention from national media outlets. The prosecution's case was built largely on FBI wiretaps and fax transmissions gathered between 1994 and the time of Mr. Al-Arian's arrest in 2003. The surveillance included roughly 20,000 hours of dialogue from 472,000 wiretapped telephone conversations on 18 tapped lines gathered from 1994 to 2003.<ref>{{cite news | first = Peter | last = Whoriskey | title = Ex-Professor won court case but not his freedom | date = December 14, 2005 | url = https://www.washingtonpost.com/wp-dyn/content/article/2005/12/13/AR2005121301697.html | newspaper = The Washington Post | access-date = November 30, 2013 | archive-date = December 6, 2018 | archive-url = https://web.archive.org/web/20181206181838/http://www.washingtonpost.com/wp-dyn/content/article/2005/12/13/AR2005121301697.html | url-status = live }}</ref> While such wiretaps taken by the intelligence arm of the FBI are usually kept secret from federal criminal investigators, provisions in the Patriot Act and the Foreign Intelligence Surveillance Act allow their use in certain trials dealing with terrorism.<ref>{{cite journal | title = Terrorism trial of ex-professor gets started in Florida | journal = The Chronicle of Higher Education | date = June 17, 2005 | volume = 51 | issue = 41}}</ref> At the end of the prosecution's case, Al-Arian's lawyers chose not to present any witnesses in his defense and rested without offering a defense, hoping to leave the burden of proof squarely on the government's shoulders.<ref>{{cite journal | title = Al-Arian Acquitted of 8 Terrorism Charges | journal = The Chronicle of Higher Education | date = December 16, 2005 | first = John | last = Gravois| volume = 52 | issue = 17}}</ref> The trial concluded in November 2005. After 13 days of deliberations, the jury acquitted Al-Arian in December on 8 of 17 counts and deadlocked on the remaining nine. Two co-defendants were acquitted of all charges and another co-defendant was also acquitted on majority of his charges.<ref name="Laughlin12-7-05">Meg Laughlin, Jennifer Liberto and Justin George, {{Webarchive|url=https://web.archive.org/web/20160303233842/http://www.sptimes.com/2005/12/07/Tampabay/8_times__Al_Arian_hea.shtml |date=March 3, 2016 }}, '']'', December 7, 2005.</ref> The verdict was seen as a major embarrassment to the government's prosecution and to the Patriot Act.<ref>{{cite journal | title = Al-Arian to Be Deported in Deal With Prosecutors | journal = The Chronicle of Higher Education | date = April 28, 2006 | first = Thomas | last = Bartlett | volume = 52 | issue = 34}}</ref>

At trial, the prosecution accused Al-Arian of aiding Palestine Islamic Jihad (PIJ), which the Clinton administration issued an executive order declaring the PIJ a "specially designated terrorist" organization in 1995. The executive order barred "making or receiving contributions, funds, goods or services" to benefit the PIJ. Federal prosecutors also presented several transcripts of phone calls, but none involved any discussion of an attack against the U.S. or reflected advance knowledge of attacks in the Middle East.<ref name="Laughlin-plea"/>

In April 2005, the faculty union United Faculty of Florida passed resolutions to send a representative to Al-Arian's trial and to express support for Al-Arian's constitutional ] with fair treatment of prisoners.<ref name="goodman">{{cite journal | title = Sami al-Arian, the Politics of Injury, and the Academic Bill of Right | journal = College Literature | date = September 1, 2006 | first = Robin | last = Goodman | volume = 33 | issue = 4 | pages = 113–36| doi=10.1353/lit.2006.0053| s2cid = 143523991 }}</ref>

===Plea agreement===
On February 28, 2006, Al-Arian signed a plea agreement in which he agreed to plead guilty to one count of ] to contribute services to or for the benefit of the PIJ, a Specially Designated Terrorist organization, in violation of 18 ] § 371.<ref name="plea">{{cite web|url=http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_pleaagr.pdf |title=Plea Agreement; U.S. v. Al-Arian |date=February 28, 2006 |accessdate=March 8, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20120301162657/http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_pleaagr.pdf |archive-date=March 1, 2012 }}</ref><ref>{{cite web |url=http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml |title=Hillsborough: Plea deal overcame the discord |publisher=Sptimes.com |date=April 24, 2006 |accessdate=March 16, 2010 |archive-date=March 3, 2016 |archive-url=https://web.archive.org/web/20160303173647/http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml |url-status=live }}</ref> In return, the U.S. Attorney: a) agreed to dismiss the other eight remaining charges in the superseding indictment; b) agreed not to charge Al-Arian with any other crimes known to the government at the time of the execution of the agreement; c) agreed not to enter any recommendation as to the imposition or amount of a fine; d) agreed with Al-Arian that an appropriate sentence would be 46–57 months in prison; and e) covenanted that if no adverse information were received suggesting such a recommendation to be unwarranted, the U.S. would recommend that Al-Arian receive a sentence "at the low end of the applicable guideline range, as calculated by the Court".<ref name="plea"/> As part of the deal, Al-Arian agreed to be ] once his prison sentence ended.<ref name="plea"/><ref name="relguilt">{{cite web|url=http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_dojprguiltyplea.pdf|title=Sami Al-Arian Pleads Guilty to Conspiracy to Provide Services to Palestinian Islamic Jihad|last=U.S. Department of Justice|date=April 17, 2006|website=Press Release|accessdate=March 8, 2010|archive-date=October 4, 2012|archive-url=https://web.archive.org/web/20121004192940/http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_dojprguiltyplea.pdf|url-status=live}}</ref> The plea agreement provided that it was "limited to the Office of the United States Attorney for the Middle District of Florida and the Counterterrorism Section of the Department of Justice, and cannot bind other federal, state, or local prosecuting authorities."<ref name="plea"/><ref name="appeal">{{cite web|url=http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_11thcircappeals.pdf|title=''U.S. v. Al-Arian''|last=U.S. Court of Appeals for the Eleventh Circuit|date=January 25, 2008|website=Appeal from the U.S. District Court for the Middle District of Florida|accessdate=March 8, 2010|archive-date=October 4, 2012|archive-url=https://web.archive.org/web/20121004192723/http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_11thcircappeals.pdf|url-status=live}}</ref> It also provided that it "constitutes the entire agreement between the government and ... and no other promises, agreements, or representations exist or have been made to ".<ref name="plea"/><ref name="appeal"/> The district court judge asked Al-Arian whether he had been promised anything else by anyone to induce his guilty plea, and he said that he had not.<ref name="appeal"/> The plea agreement was unsealed and accepted by Judge ] on April 17, 2006.<ref name="relguilt"/> The count carried a maximum sentence of five years imprisonment, a $250,000 fine, and three years of supervised release.<ref name="plea"/> Al-Arian remained in custody pending his sentencing and deportation. The deal came after 11 years of ] investigations, wiretaps and searches, and three and a half years of trial preparation, time Al-Arian spent in jail, most of it in solitary confinement.<ref name="ML-Plea">Meg Laughlin, {{Webarchive|url=https://web.archive.org/web/20160303173647/http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml |date=March 3, 2016 }}, ], April 24, 2006.</ref>

Supporters of Al-Arian said the agreement was reached in part to end his family's suffering and to reunite them.<ref> {{Webarchive|url=https://web.archive.org/web/20160304043819/http://www.sptimes.com/2006/05/01/State/Al_Arian_gets_18_more.shtml |date=March 4, 2016 }}, ], Published May 1, 2006</ref><ref> {{Webarchive|url=https://web.archive.org/web/20160304053955/http://www.sptimes.com/2006/04/18/Tampabay/Al_Arian_s_plea_ends_.shtml |date=March 4, 2016 }}, ], April 18, 2006.</ref>


===Sentencing=== ===Sentencing===
Judge Moody sentenced al-Arian to the maximum 57 months in prison and three years of supervised release on May 1, 2006, and gave him credit for time served.<ref name="57months">{{cite web|url=http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_dojprsentencing.pdf|title=Sami Al-Arian Sentenced to 57 Months in Prison for Assisting Terrorist Group|last=U.S. Department of Justice|date=May 1, 2006|website=Press Release|accessdate=March 8, 2010|archive-date=October 4, 2012|archive-url=https://web.archive.org/web/20121004192730/http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Al-Arian_dojprsentencing.pdf|url-status=live}}</ref> Prosecutors said al-Arian would serve the balance of 19 months, and then be deported. In his ruling, Moody harshly criticized al-Arian.<ref name="orph">{{cite news|url=https://www.nytimes.com/2006/05/01/us/01cnd-islamic.html?hp&ex=1146542400&en=19620dd1d723e57c&ei=5094&partner=homepage|title=Palestinian to Be Imprisoned Before Deportation|last=Steinhauer|first=Jennifer|date=May 1, 2006|work=The New York Times|accessdate=March 9, 2010|archive-date=May 14, 2020|archive-url=https://web.archive.org/web/20200514221216/https://www.nytimes.com/2006/05/01/us/01cnd-islamic.html?hp&ex=1146542400&en=19620dd1d723e57c&ei=5094&partner=homepage|url-status=live}}</ref><ref>{{cite web|url=https://www.washingtonpost.com/wp-dyn/content/article/2006/05/01/AR2006050100379.html|title=Prof. Gets 18 Months More in Terror Case|website=washingtonpost.com|access-date=September 11, 2017|archive-date=March 3, 2016|archive-url=https://web.archive.org/web/20160303195450/http://www.washingtonpost.com/wp-dyn/content/article/2006/05/01/AR2006050100379.html|url-status=live}}</ref> Al-Arian went on a 62-day ] to protest the ruling.{{citation needed|date=January 2024}}
U.S. District Judge James Moody sentenced al-Arian to the maximum 57 months in prison and gave him credit for time served. He will serve the balance of 19 months and then be deported, prosecutors said. In his ruling, Moody harshly criticized al-Arian for doing nothing to stop bombings perpetrated by Islamic Jihad. "You lifted not one finger," he said. "You are a master manipulator. The evidence is clear in this case. You were a leader of the PIJ."<ref>, Reuters, May 1, 2006</ref>


] demanded his immediate release and called for an investigation on his treatment in prison. It deemed his pre-trial detention conditions to be "gratuitously punitive" and "inconsistent with international standards for humane treatment".<ref name="AI30July2003">{{cite web|url=http://web.amnesty.org/library/Index/ENGAMR511102003?open&of=ENG-360 |title=USA: Amnesty International raises concern about prison conditions of Dr Sami Al-Arian &#124; Amnesty International |publisher=Web.amnesty.org |accessdate=March 16, 2010 |archive-url = https://web.archive.org/web/20061118030444/http://web.amnesty.org/library/Index/ENGAMR511102003?open&of=ENG-360|archive-date=November 18, 2006 }}</ref> In a 2007 letter to Ashcroft, the human rights organization went on to declare that his "unacceptably harsh and punitive" abuse by prison guards was "based, at least in part, on his political background."<ref>{{cite journal | title = Muslim groups fast for jailed Al-Arian | journal = The Washington Times | date = February 20, 2007 | first = Audrey | last = Hudson | url = http://www.washingtontimes.com/news/2007/feb/20/20070220-105235-9410r/ | accessdate = November 30, 2013 | archive-date = October 17, 2015 | archive-url = https://web.archive.org/web/20151017030732/http://www.washingtontimes.com/news/2007/feb/20/20070220-105235-9410r/ | url-status = live }}</ref>{{citation needed|date=January 2024}}
===Grand jury subpoena and hunger strike===
Al-Arian refused to testify to a federal ] in ], in an investigation of the ]'s alleged financing of terror because he believes, "his life would be in danger if he testified." Further, Al-Arian claims he has no information that could further the investigation and his attorneys argued that the grand jury subpoena violates Al-Arian's plea agreement with U.S. prosecutors.<ref name="Markon"> ''Washington Post''. November 14, 2006.</ref> In a verbal agreement that appears in court transcripts, federal prosecutors agreed that Al-Arian would not have to testify in Virginia.<ref name="Laughlin2"> by Meg Laughlin. ''St. Petersburg Times''. March 20, 2007.</ref> These arguments were rejected by a federal judge in Florida and Al-Arian (who is diabetic) began a 60-day ] on January 22, 2007, to "protest continued government harassment."<ref name="Markon" /><ref> ''Wilmington Star'' (NC). February 17, 2007.</ref> As of March 20, 2007, Al-Arian, who is 6 feet tall, had gone from 202 to 149 pounds.<ref name="Laughlin2"/> In March 2008 he began another hunger strike, again to protest what he called government harassment. He ended the strike two months later<ref></ref> and after his September 2008 release remains under house arrest as he awaits March 2009 trial on contempt charges.<ref name="Goldstein"/><ref name="TT-Jan09"/>


==Civil and criminal contempt prosecutions; 2006–present==
At the January 2009 hearing to schedule the March trial, Al-Arian's attorneys filed documents filed stating Al-Arian "did cooperate and answer questions on IIIT" (International Institute of Islamic Thought) for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT … but want to revisit the Tampa trial."<ref name="TT-Jan09"/>
Al-Arian was subpoenaed three times to testify in terrorism-related investigations before Virginia federal grand juries between 2006 and 2008. Each time, he refused to testify. He challenged the initial subpoena in four different federal courts, each of which held that he was in fact required to testify. He was imprisoned for 13 months for civil contempt for failing to testify in compliance with the first subpoena.


===Grand jury subpoenas, refusal to testify, civil contempt, and hunger strikes===
In a court motion filed on March 4, 2009, federal prosecutors in Virginia acknowledged that when Sami Al-Arian took the plea deal in early 2006, federal prosecutors in Tampa believed that it exempted him from testifying in other cases.<ref>http://www.tampabay.com/news/courts/criminal/article981644.ece</ref> This admission affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt<ref></ref>, and Linda Moreno.<ref></ref>
In May 2006, the ] issued a ] to Al-Arian to testify before a federal ] in ], Virginia, in an investigation into the alleged financing of terror by the ], Virginia-based ] (IIIT).<ref name="appeal"/><ref name="Markon"/> The subpoena was served on Al-Arian in October 2006.<ref name="appeal"/> He sought to quash it on the assertion that his plea agreement prevented his being forced to testify before the Virginia grand jury.<ref name="appeal"/> He said the government had agreed that he would not be required to cooperate with it in any manner, though that specific agreement was not reflected in the written plea agreement.<ref name="appeal"/> In a verbal agreement that he says appears in court transcripts, federal prosecutors agreed he would not have to testify in Virginia.<ref name="Laughlin2"> {{Webarchive|url=https://web.archive.org/web/20160303233055/http://www.sptimes.com/2007/03/20/Hillsborough/Gaunt_Al_Arian_shocks.shtml |date=March 3, 2016 }} by Meg Laughlin. ''St. Petersburg Times''. March 20, 2007.</ref> Second, Al-Arian also said he refused to testify because he believed "his life would be in danger if he testified."<ref name="Markon"/> Third, Al-Arian claimed he has no information that could further the investigation.<ref name="Markon"> {{Webarchive|url=https://web.archive.org/web/20200421223432/https://www.washingtonpost.com/wp-dyn/content/article/2006/11/13/AR2006111301205.html |date=April 21, 2020 }} ''Washington Post''. November 14, 2006.</ref> Fourth, Al-Arian said he would not testify because he felt IIIT was inappropriately charged.<ref name="refus">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/03/21/AR2008032102775.html|title=Refusal Keeps Terrorism Convict in Prison; Former Professor Fights Attempts to Force His Testimony Against Muslim Charities|last=Fears|first=Darryl|date=March 22, 2008|newspaper=The Washington Post|accessdate=March 9, 2010|archive-date=November 10, 2012|url-status=dead|archive-url=https://web.archive.org/web/20121110123010/http://www.washingtonpost.com/wp-dyn/content/article/2008/03/21/AR2008032102775.html}}</ref> When called before the grand jury on October 19, Al-Arian refused to answer questions about IIIT.<ref>{{cite web|url=http://www.foxnews.com/story/0,2933,246380,00.html|title=Florida Professor in Prison for Terror Ties on Hunger Strike to Protest 'Harassment'|website=Fox News|access-date=April 25, 2010|archive-url=https://web.archive.org/web/20121024211539/http://www.foxnews.com/story/0,2933,246380,00.html|archive-date=October 24, 2012|url-status=dead|df=mdy-all}}</ref>


A Virginia District Court held that he had no legal basis to refuse to testify. The court held him in ], and imprisoned him on November 16, 2006, for ], with the days served for civil contempt not counting towards the days of imprisonment he had remaining on his guilty conspiracy plea.<ref name="appeal"/> He appealed the Virginia District Court decision to the ], which affirmed the lower court's ruling.<ref name="appeal"/> Thirteen months later, on December 14, 2007, the Virginia District Court lifted its contempt order, starting the clock ticking again on his days-served on his conspiracy guilty plea sentence.<ref name="appeal"/> A Florida District Court also held that the plea agreement was not ambiguous, and did not prevent the government from issuing a subpoena requiring him to testify before a grand jury.<ref name="appeal"/> Al-Arian, who is diabetic, began a 60-day ] on January 22, 2007, to "protest continued government harassment."<ref name="Markon" /><ref> {{Webarchive|url=https://web.archive.org/web/20070929222809/http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=%2F20070217%2FNEWS%2F702170359%2F-1%2FState |date=September 29, 2007 }} ''Wilmington Star'' (NC). February 17, 2007.</ref> By March 20, 2007, the {{convert|6|ft|m|adj=mid|-tall}} Al-Arian had gone from {{convert|202|to|149|lb}}.<ref name="Laughlin2"/> Al-Arian appealed the Florida District Court decision to the ], which upheld the lower court on January 25, 2008.<ref name="appeal"/> It pointed out that the plea agreement did not contain any mention of whether Al-Arian would be compelled to testify in front of a grand jury in the future.<ref name="appeal"/> It also noted that the agreement said it reflected all promises and agreements between Al-Arian and the government, and that this accorded with Al-Arian's statement, when questioned by the trial court judge, that there were no promises or inducements made to him other than those reflected in the written agreement.<ref name="appeal"/> Furthermore, the court observed that the plea agreement only spoke to the issue of the government prosecuting Al-Arian for crimes known to the office at the time of the agreement, but did not immunize Al-Arian from future subpoenas.<ref name="appeal"/> The court therefore held the plea agreement to be clear, unambiguous, and to not grant Al-Arian immunity from the grand jury subpoena.<ref name="appeal"/> The Justice Department issued its third subpoena later that month.<ref name="refus"/>
On March 9, Judge ] postponed Al-Arian's Virginia trial, pending a motion by defense attorneys to dismiss the charges in the case.<ref>http://www.miamiherald.com/news/florida/AP/story/940573.html</ref>


In March 2008 he began another hunger strike, to protest his subpoena.<ref name="refus"/> He ended his hunger strike two months later.<ref>{{cite web|url=http://www.democracynow.org/2008/3/21/al_arian_enters_19th_day_of|title=Al-Arian Enters 19th Day of Hunger Strike in Protest of "Government Harassment"|website=Democracy Now!|access-date=March 21, 2008|archive-date=May 19, 2020|archive-url=https://web.archive.org/web/20200519231148/https://www.democracynow.org/2008/3/21/al_arian_enters_19th_day_of|url-status=live}}</ref> A 2011 ] report claimed some of the people associated with this case were imprisoned in a highly restrictive ].<ref name=npr2/>
== Film ==


===Criminal contempt proceedings; house arrest; deportation===
'']'' is an award-winning 2007 ] by Norwegian director ] about Sami Al-Arian and his family during and after his trial and a commentary on the U.S. justice system under the ].<ref>Jay Weissberg, , ], February 19, 2007</ref>
On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of ], for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008.<ref>{{Cite web|url=http://nefafoundation.org/miscellaneous/FeaturedDocs/US_v_AlArian_IndictmentContempt.pdf/|title=nefa foundation – Just another WordPress site|format=PDF|website=Nefafoundation.org|accessdate=February 28, 2022|archive-date=October 4, 2012|archive-url=https://web.archive.org/web/20121004200956/http://www.nefafoundation.org/miscellaneous/FeaturedDocs/US_v_AlArian_IndictmentContempt.pdf|url-status=live}}</ref> On September 2, 2008, he was released from custody and put under ] at his daughter Laila's residence in Northern Virginia, where he was ] while he awaited trial on criminal contempt charges.<ref name="Goldstein">Joseph Goldstein, {{Webarchive|url=https://web.archive.org/web/20180728101442/https://www.nysun.com/national/al-arian-is-freed-but-more-charges-await/85081/ |date=July 28, 2018 }}, '']'', September 3, 2008.</ref><ref>{{cite web|url=https://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090202973.html|title=Ex-Professor in Palestinian Case Is Freed After 5 Years|website=washingtonpost.com|access-date=September 11, 2017|archive-date=October 3, 2019|archive-url=https://web.archive.org/web/20191003151929/http://www.washingtonpost.com/wp-dyn/content/article/2008/09/02/AR2008090202973.html|url-status=live}}</ref><ref>Laila Al-Arian, {{Webarchive|url=https://web.archive.org/web/20150626175322/http://www.thenation.com/article/168373/when-your-father-accused-terrorism |date=June 26, 2015 }}, ], June 13, 2012.</ref>


At a January 2009 hearing to schedule his trial, his attorneys filed documents saying Al-Arian "did cooperate and answer questions on IIIT" for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT ... but want to revisit the Tampa trial."<ref name="TT-Jan09"> {{Webarchive|url=https://web.archive.org/web/20130130001138/http://www.tampabay.com/news/courts/criminal/article968358.ece |date=January 30, 2013 }}, '']'', January 17, 2009.</ref> In a motion filed on March 4, 2009, prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, prosecutors in Tampa believed that it exempted him from testifying in other cases.<ref>{{cite web |author=Click here to post a comment |url=http://www.tampabay.com/news/courts/criminal/article981644.ece |title=Federal judge says Sami Al-Arian plea deal does matter – St. Petersburg Times |publisher=Tampabay.com |access-date=March 16, 2010 |archive-date=October 11, 2012 |archive-url=https://web.archive.org/web/20121011200831/http://www.tampabay.com/news/courts/criminal/article981644.ece |url-status=dead }}</ref> This affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt<ref>{{cite web|url=http://www.freesamialarian.com/index.php?option=com_content&view=article&id=295:william-b-moffit-declaration-on-plea-deal&catid=31:documents-a-releases-|title=William B. Moffit Declaration on Plea Deal|author=Administrator|website=freesamialarian.com|access-date=March 11, 2009|archive-date=January 4, 2016|archive-url=https://web.archive.org/web/20160104231448/http://www.freesamialarian.com/index.php?option=com_content&view=article&id=295:william-b-moffit-declaration-on-plea-deal&catid=31:documents-a-releases-|url-status=live}}</ref> and Linda Moreno.<ref>{{cite web|url=http://www.freesamialarian.com/index.php?option=com_content&view=article&id=296:&catid=31:documents-a-releases-|title=Linda Moreno Declaration on Plea Deal|author=Administrator|website=freesamialarian.com|access-date=March 11, 2009|archive-date=January 4, 2016|archive-url=https://web.archive.org/web/20160104231448/http://www.freesamialarian.com/index.php?option=com_content&view=article&id=296:&catid=31:documents-a-releases-|url-status=live}}</ref>
== References ==

{{Reflist|2}}
On March 9, 2010, Judge ] postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case.<ref> {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> While under federal law, Al-Arian could not be jailed for more than 18 months for civil contempt, the law does not have a time limit for criminal contempt.<ref>{{cite web|url=http://www.nysun.com/foreign/al-arian-indicted-for-refusal-to-testify/80821/|title=Al-Arian Indicted for Refusal To Testify in Charities Cases|website=nysun.com|access-date=March 11, 2010|archive-date=March 24, 2018|archive-url=https://web.archive.org/web/20180324102236/https://www.nysun.com/foreign/al-arian-indicted-for-refusal-to-testify/80821/|url-status=live}}</ref> On June 27, 2014, Assistant U.S. Attorney Gordon D. Kromberg moved to dismiss the indictment, but because the case has dragged on so long they decided to drop the case and begin proceedings to deport Al-Arian.<ref>Matt Zapotosky, {{Webarchive|url=https://web.archive.org/web/20191218043255/https://www.washingtonpost.com/local/crime/va-prosecutors-move-to-drop-charges-against-ex-professor/2014/06/27/20326416-fe36-11e3-b1f4-8e77c632c07b_story.html |date=December 18, 2019 }}, '']'', June 27, 2014.</ref>

On February 4, 2015, Al-Arian was deported from the United States to Turkey. He was flown on a commercial flight from Dulles International Airport from Herndon, Virginia to Turkey. In a statement released by his former attorney, Jonathan Turley, Al-Arian said in part, "After 40 years, my time in the U.S. has come to an end." He added, "But despite the long and arduous ordeal and hardships suffered by my family, I leave with no bitterness or resentment in my heart whatsoever. In fact, I'm very grateful for the opportunities and experiences afforded to me and my family in this country, and for the friendships we've cultivated over the decades. These are lifelong connections that could never be affected by distance."<ref>Elaine Silvestrini, {{Webarchive|url=https://web.archive.org/web/20180728101447/https://tbo.com/news/crime/grateful-al-arian-leaves-us-for-turkey-20150205/ |date=July 28, 2018 }}, Tbo.com, February 5, 2015.</ref>

In 2017, Al-Arian founded the Center for Islam and Global Affairs (CIGA) at ] (IZU) in Istanbul, Turkey, which he directs.

In 2024, the ] and Mayor ] stated that Al-Arian posted on Twitter a photo of his wife at the ]. Adams cited the posting as evidence of non Columbia-affiliated individuals training and providing tactics to students to escalate their protests.<ref>{{cite news|date=May 2, 2024|title=Protesters unaffiliated with CCNY, Columbia made up nearly half of arrests: police|url=https://abc7ny.com/columbia-ccny-protesters-arrested-quarter-of-them-not-affiliated-with-schools/14754563/|access-date=May 2, 2024|work=ABC7 News|archive-date=May 2, 2024|archive-url=https://web.archive.org/web/20240502200359/https://abc7ny.com/columbia-ccny-protesters-arrested-quarter-of-them-not-affiliated-with-schools/14754563/|url-status=live}}</ref>

==Personal life==
He is married to Nahla Al-Najjar, and they have five children.<ref name="Bio"/> Nahla was born in 1960.<ref name="book1"/> His son Abdullah Al-Arian was an intern for U.S. Representative ] in 2001.<ref name="intern"> {{dead link|date=February 2019|bot=medic}}{{cbignore|bot=medic}}</ref> Al-Arian's eldest daughter, ], is a producer for '']'' in Washington, D.C., and a ] and contributor to the '']''<ref>{{cite web|url=https://www.huffingtonpost.com/laila-alarian|title=Laila Al-Arian|website=huffingtonpost.com|access-date=April 21, 2020|archive-date=May 29, 2016|archive-url=https://web.archive.org/web/20160529034225/http://www.huffingtonpost.com/laila-alarian/|url-status=live}}</ref> and '']''.<ref>{{cite web|url=http://www.thenation.com/directory/bios/laila_al_arian|title=Authors – The Nation|website=thenation.com|access-date=March 11, 2010|archive-date=April 22, 2010|archive-url=https://web.archive.org/web/20100422195726/http://www.thenation.com/directory/bios/laila_al_arian|url-status=live}}</ref>

===Film===
'']'' is a 2007 ] by Norwegian director ] about Al-Arian and his family during and after his trial from his family's point of view, and a commentary on the U.S. justice system under the ].<ref>Jay Weissberg, {{webarchive|url=https://web.archive.org/web/20070926215950/http://www.variety.com/review/VE1117932652.html?categoryid=31&cs=1&query=USA+vs+Al-Arian |date=September 26, 2007 }}, ], February 19, 2007</ref><ref>{{cite web|url=https://news.google.com/newspapers?id=QvMeAAAAIBAJ&pg=2480,398374&dq=sami+al-arian&hl=en|website=Sarasota Herald-Tribune|via=Google News Archive Search|title=Sarasota Herald-Tribune - Google News Archive Search|access-date=December 16, 2020|archive-date=October 1, 2021|archive-url=https://web.archive.org/web/20211001074150/https://news.google.com/newspapers?id=QvMeAAAAIBAJ&pg=2480,398374&dq=sami+al-arian&hl=en|url-status=live}}</ref> The documentary was hosted by two ] and screened in the Norwegian ].<ref>{{cite news | first = Sean | last = Kinane | title = Department of injustice | date = April 17, 2007 | work = Nation }}</ref>

==Notes==
<references group="notes"/>

==See also==
* ]

==References==
{{div col|colwidth=30em}}

<references>

<ref name=npr2> {{Webarchive|url=https://web.archive.org/web/20110307093207/http://www.npr.org/2011/03/03/134227726/data-graphics-population-of-the-communications-management-units |date=March 7, 2011 }}, Margot Williams and Alyson Hurt, ], 3-3-11, retrieved 2011 03 04 from npr.org</ref>

</references>

{{div col end}}


==External links== ==External links==
*, September 26, 2001
*, February 24, 2003
*, September 26, 2001
*, ], February 23, 2003 *, ], February 23, 2003
* ''USA vs. Al-Arian'' official site in and . * ''USA vs. Al-Arian'' official site in and .
*Anita Kumar, - ], January 7, 2003 *Anita Kumar, ], January 7, 2003
* *
*Micheal Fechter, , ], November 8, 2005
*Melva Underbakke and Paul Findley, , ], July 2006 *Melva Underbakke and Paul Findley, , ], July 2006
* ], 2015


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Latest revision as of 03:48, 10 November 2024

Stateless political activist (born 1958)

Sami Al-Arian
Born (1958-01-14) January 14, 1958 (age 66)
Kuwait
Alma materSouthern Illinois University
North Carolina State University
OccupationProfessor of computer engineering
EmployerUniversity of South Florida
SpouseNahla Al-Najjar
ChildrenAbdullah
Laila
Leena
Ali
Lama
Parent(s)Amin;
Laila

Sami Amin Al-Arian (Arabic: سامي أمين العريان; born January 14, 1958) is a Kuwaiti-born political activist of Palestinian origin who was a computer engineering professor at University of South Florida. During the Clinton administration and Bush administration, he was invited to the White House. He actively campaigned for the Bush presidential campaign in the United States presidential election in 2000.

After a contentious interview with Bill O'Reilly on The O'Reilly Factor following the September 11 attacks, Al-Arian's tenure at University of South Florida came under public scrutiny.

He was indicted in February 2003 on 17 counts under the Patriot Act. A jury acquitted him on 8 counts and deadlocked on the remaining 9 counts. He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007. However, as his release date approached, a federal prosecutor in Virginia demanded he testify before a grand jury in a separate case, which he refused to do, claiming it would violate his plea deal. He was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.

Al-Arian's activities and connections became a factor in multiple political campaigns, including the 2004 United States Senate election in Florida and the 2010 United States Senate election in California.

He was deported to Turkey on February 4, 2015.

Early life and education

Kuwait and Egypt

Al-Arian was born on January 14, 1958, in Kuwait. His parents, Amin and Laila Al-Arian, were Palestinian refugees who left after the creation of Israel in 1948. After the 1948 Palestine war, Amin had to leave behind the family soap factory in Jaffa and flee towards the Gaza Strip's refugee camps. Amin's family migrated to Kuwait in 1957 where Sami Al-Arian was born. Under Kuwaiti law, his parents had legal resident status but he was not eligible for citizenship. In 1966, his family left Kuwait and went back to Egypt. He received his primary and secondary education at Cairo, Egypt. He left Egypt in 1975, and returned in 1979 for a visit when he married Nahla Al-Najjar.

United States

Sponsored by his father, Sami went to America for education. In 1975, Al-Arian came to the United States to study engineering at Southern Illinois University. In 1978, he graduated with a major in Electrical Sciences and Systems Engineering. At North Carolina State University, he earned his master's degree in 1980 and doctorate in 1985. He worked with Professor Dharma P. Agrawal on physical failures and fault models of CMOS circuits.

Tenured at University of South Florida

He moved to Temple Terrace after he was hired as an assistant professor to teach computer engineering at University of South Florida (USF) on January 22, 1986. He was granted permanent resident status for United States in March 1989. He was promoted from an assistant professor to an associate professor with tenure. He received many accolades relating to teaching including the Jerome Krivanek Distinguished Teacher Award in 1993 and a salary raise based on merit grades via the Teaching Incentive Program in 1994.

Activism

Community involvement and WISE

He was very involved in the local community. He served as an imam for a local mosque and as a charter officer for the local religious school. In 1992, he hosted a local cable-access show — Peace be upon you.

Al-Arian criticized the peace process led by Palestinian Authority president Yasser Arafat and advocated support for the Palestinian uprisings against Israeli occupation during the 1980s and early 1990s. On October 20, 1988, Al-Arian established the Islamic Concern Project, which included a committee devoted to raising charity for Palestine. In 1990–91, his continued involvement in promoting dialogue between the West and Middle East led to the creation of World and Islam Studies Enterprise (WISE), which served as a think tank that promoted public policy initiatives. WISE and University of South Florida formally agreed to cooperate on March 11, 1992. WISE published journals, supported graduate student education, and held seminars between American and Middle Eastern scholars.

Emerson film and investigation

Steve Emerson published a film in November 1994 that accused WISE as a terrorist front organization which Al-Arian vehemently denied. In May 1995, Michael Fechter of the Tampa Tribune expanded on Emerson's film. Sami Al-Arian's daughter, Laila Al-Arian, lambasted Emerson and the Tribune for publishing photographs of their home, school, and family car. In November 1995, federal agents investigating "violations of perjury and immigration laws" searched Sami Al-Arian's home for six hours to seize bank statements dating as far back as 1986, airline passes, telephone bills, AAA travel maps, family videotapes, audiotapes, and computer disks. A three-month independent inquiry was led by prominent Tampa lawyer and former USF President William Reece Smith that involved hundreds of documents and 59 interviews. The investigation reported in May 1996 that there was "no evidence" to support the allegation that Al-Arian or WISE supported terrorism. The report went on to conclude that University of South Florida officials acted appropriately in collaborating with WISE. The 99-page report was lauded by USF President Betty Castor for its "comprehensive, thoughtful, and detailed analysis". In June 1996, Florida universities Chancellor Charles Reed also said their investigation found no links between WISE and terror organizations.

In May 1996, Villanova University canceled a seminar that involved many speakers including Al-Arian after the Anti-Defamation League (ADL) complained about the possibility of riots. The Middle East Studies Association of North America (MESA), the United States's largest association of Middle East scholars, approved a resolution that rebuked ADL for "creating an atmosphere of intimidation that resulted in the cancellation of an academic event". USF placed Al-Arian on paid administrative leave in May 1996 pending the outcome of a federal investigation which had an indefinite time frame. Students complained in August 1997 after a graduation requirement course taught by Al-Arian was cancelled. After consultation with authorities who brought no charges after a three-year federal investigation, USF decided to reinstate him in August 1998.

Citizenship

He applied for U.S. citizenship in January 1994. Although he was informed that he passed all of the requirements to obtain citizenship in September 1994, he was neither granted nor denied citizenship. Federal law requires notification within 120 days after the citizenship examination. In October 1995, he filed suit for a judge to award him citizenship directly. His petition for citizenship was denied in March 1996 for allegedly unlawfully voting in a 1994 Hillsborough County local election.

Mazen Al-Najjar

Sami Al-Arian's brother-in-law Mazen Al-Najjar was jailed for nearly five years, accused of having links to Palestinian terrorists. In May 1997, Al-Najjar was incarcerated in Miami, Florida without charge and was held in jail indefinitely on the basis of secret evidence. Although Judge McHugh found Al-Najjar to be a respected member of a community, McHugh denied bail on the basis of secret evidence in May 1997. In May 2000, U.S. district judge John A. Leonard ordered a rehearing because Al-Najjar's right to due process had been violated when the government did not cede evidence in order for Al-Najjar to defend himself. During the first day of the rehearing in August 2000, the government called Al-Arian to testify. Several legal analysts and Al-Arian were convinced that Al-Arian, not Al-Najjar, was the focus of the Al-Najjar's court case. On the advice of his attorney, Al-Arian cited the 5th Amendment to 99 of 102 questions. Because Al-Najjar was a Palestinian born in Gaza during Egyptian control of the region, Al-Najjar essentially had no citizenship anywhere and the allegations that he was connected to terrorists had ruined attempts to find a country to take him, his wife, and three young daughters. Al-Najjar was released in December 2000 after a judge ruled the government had no evidence to continue holding him. He overstayed his US student visa, and was deported in August 2002.

Political involvement

Inspired by Al-Najjar's predicament, Al-Arian co-founded the Tampa Bay Coalition for Peace and Justice, which focused on the use of secret evidence and other civil rights issues in Antiterrorism and Effective Death Penalty Act of 1996 and Illegal Immigration Reform and Immigrant Responsibility Act of 1996. In 2000, Al-Arian co-founded and led the National Coalition to Protect Political Freedom. Newsweek named him as a "premier civil rights activist" for his efforts to repeal the use of secret evidence in trials.

Al-Arian visited the White House four times from 1997 to 2001.

During the 2000 presidential election, Al-Arian contacted Al Gore's campaign and Bush's campaign to address the use of secret evidence to detain U.S. citizens without charge. Al-Arian met Bush during a campaign stop at the Florida Strawberry Festival to demonstrate against the Clinton administration's use of secret evidence. After presidential debates in which Bush decried the use of secret evidence as a form of racial profiling against Arab-Americans, Al-Arian began campaigning for Bush as the candidate most likely to end discrimination. During the White House briefing that announced Bush as the winner of the election, Al-Arian received a spot in the front row for his voter outreach efforts in Florida. On June 20, 2001, Al-Arian joined 160 Muslim-American activists in a White House briefing with Bush senior adviser Karl Rove. But in a separate White House event on June 28, his son Abdullah – a congressional intern – made national headlines when he was escorted out by Secret Service without explanation. Twenty four Muslim community leaders walked out also to protest Abdullah's ejection. The Secret Service later apologized for the incident citing "confusion by one of its guards". President Bush personally apologized in a letter to Nahla and thanked the family for their charitable contributions to the Muslim communities around the world.

The Tampa Bay Muslim Alliance (TBMA) and Al-Arian had helped the resettlement of 50 families fleeing from the Bosnian War. Al-Arian and other leaders of TBMA condemned the September 11 attacks in the immediate aftermath. Al-Arian encouraged the nation to pursue those responsible but simultaneously discouraged acts of war that might impact innocent people. He discouraged radio talk show hosts from spreading hate-filled rhetoric and called for national unity. Al-Arian led the local Muslim community in organizing a blood drive in solidarity with the victims of September 11.

Al-Arian had opposed the War in Iraq and has spoken at a rally against the war. He has also been critical of neoconservatism and the Zionist movement.

Education

Al-Arian co-founded the Islamic Academy of Florida. After his criminal indictment, the school dissolved itself in 2004, with the new American Youth Academy using the former Islamic Academy buildings and equipment, with most of the students remaining.

O'Reilly controversy

Television interview

On September 26, 2001, Al-Arian was invited to appear on The O'Reilly Factor to discuss Arab-American reactions to the 9/11 attacks. O'Reilly never addressed the reactions of Arab-Americans and confronted Al-Arian with a 1988 recording of him shouting "death to Israel".

O'REILLY: In – in 1988, you did a little speaking engagement in Cleveland, and you were quoted as saying, "Jihad is our path. Victory to Islam. Death to Israel. Revolution. Revolution until victory. Rolling to Jerusalem." Did you say that?
AL-ARIAN: Let me just put it into context. When president Bush talked about crusade, we understand what he meant here. The Muslim world thought he is going to carry a cross and go invade the Muslim world and turn them into Christians. We have to understand the context. When you say "Death to Israel", you mean death to occupation, death to apartheid, death to oppression, death to ... (sentence interrupted)

O'Reilly ended his interview by calling for the Central Intelligence Agency to shadow Al-Arian. USF spokesman Michael Reich said that "O'Reilly's comments were nothing but speculation." The O'Reilly interview caused Al-Arian to receive death threats from throughout the country.

Academic freedom

In October 2001, USF president Judy Genshaft placed Al-Arian on paid administrative leave and prohibited Al-Arian from entering USF property because she believed Al-Arian's presence would compromise campus security. During winter recess when students and faculty were on leave in December 2001, Genshaft and the USF Board of Trustees declared their intention to fire Al-Arian from teaching at USF because of academic disruption and problems for campus safety. The Faculty Senate President Gregory Paveza condemned the intention to fire as underhanded because the professors did not have their voices heard. The faculty adviser to the Board of Trustees resigned in protest of the firing. The Faculty Senate held an emergency meeting in January 2002 in which they approved by a wide majority a resolution that condemned the firing as an assault on academic freedom. United Faculty of Florida, the faculty union representing USF professors, voted to throw its full support behind Al-Arian and condemned the university for exaggerating security concerns.

CNN did an interview with Al-Arian in January 2002 in which Al-Arian accused the university of allowing those who make death threats to dictate the limits of academic freedom. Florida Governor Jeb Bush entered into the fray when he offered support for Genshaft's decision for Al-Arian's dismissal. An editorial from The New York Times criticized Bush and the university's handling of the case as an affront to freedom of speech. In late January, several student organizations at USF rallied on campus to protest Genshaft's firing of Al-Arian. At the Unitarian Universalist Fellowship in Lakeland in February 2002, Al-Arian discussed the history of the Israeli-Palestinian conflict and answered questions from the community regarding his USF quandary. Roy Weatherford, the President of the USF Faculty Union, lambasted the decision to fire Al-Arian in front of Genshaft in a faculty summit in March 2002. Following the summit, the American Association of University Professors (AAUP) revealed that it was conducting an investigation on Genshaft to determine if she had violated academic freedom. In late April 2002, AAUP investigators reported that Genshaft was wavering on her decision to fire Al-Arian, especially if the university was officially censured. AAUP investigators went on to conclude that Genshaft's decision to place Al-Arian on paid administrative leave rather than suspension reflected her lack of faith in legal advice that green-lighted Al-Arian's firing. USF denied the report and denied that AAUP's decision for censure would factor in Al-Arian's firing.

The largest national teachers' union, American Federation of Teachers, called on Genshaft in July 2002 to protect academic freedom by the reinstatement of Al-Arian. AAUP's investigating committee determined USF's premise for Al-Arian's removal was "insubstantial" and cited "grave issues of academic freedom and due process". Civil libertarians and professors nationwide condemned USF for willingly capitulating to post-9/11 hysteria. Former Central Intelligence Agency (CIA) agent Vincent Cannistraro publicly rebuked allegations against Al-Arian and testified in a civil disposition that Al-Arian had no ties to illegal organizations.

The investments of the Genshaft Family Foundation (GFF) in corporate bonds of the Industrial Development Bank of Israel came under scrutiny in September 2002. Several internet petitions also cited Genshaft's Jewish faith to raise support against Al-Arian. Genshaft denied knowing about the corporate bonds and said her decisions were neither affected by her investments nor her religion in the Al Arian case. John Esposito, a prominent scholar of Middle East, cancelled his USF speech in October 2002 to protest Genshaft's contraventions on academic freedom.

Because Genshaft feared the punitive lawsuits if she fired Al-Arian, Genshaft continued to pursue the Al-Arian's dismissal through an unusual step in which she asked Hillsborough Circuit Court to determine whether firing Al-Arian would violate Al-Arian's First Amendment rights. District Court judge Susan Bucklew dismissed Genshaft's case in December 2002. After Al-Arian filed a grievance contending that Genshaft broke the union contract by disciplining Al-Arian, Genshaft reversed course and affirmed Al-Arian was never disciplined. But a week after a federal indictment on Al-Arian, Genshaft fired him on February 27, 2003, by using the indictment as legal cover to protect the university from any ensuing lawsuit.

Loftus lawsuit

In March 2002, John Loftus compounded on O'Reilly's accusations by citing anonymous sources and filing a lawsuit that claimed Al-Arian used state-regulated organizations to launder money. Al-Arian's defense team derided the lawsuit as a publicity seeking stunt and suggested Loftus needed mental treatment. Loftus's lawsuit was summarily dismissed by the judge for failing to adequately show how Loftus was personally injured by Al-Arian's alleged activities.

Indictment

Main article: Sami Al-Arian indictments and trial

Indictment

After one of the Justice Department's longest-running and most controversial terrorism investigations, federal prosecutors filed an indictment on February 21, 2003, which charged Al-Arian with racketeering for Palestine Islamic Jihad (PIJ). Al-Arian was indicted with co-defendants Ghassan Ballut, Hatim Fariz, and Sameeh Hammoudeh. Attorney General John Ashcroft hailed the vastly expanded powers of the Patriot Act as fundamental to the indictment. Arab American groups condemned the indictment as persecution for Al-Arian's advocacy of Palestinian causes. Local community activists, Iraq war protesters, and Muslim-Americans held demonstrations regularly on Al-Arian's affair in the weeks following the indictment. Al-Arian labeled his arrest a consequence of post-9/11 hysteria at a public pronouncement in front of a courthouse rally by his supporters.

In the wake of the indictment of Al-Arian, he became a major issue in the 2004 United States Senate election in Florida. Former USF president Castor, running for Senate, was attacked in the Democratic primary election by opponent Congressman Peter Deutsch and an allied 527 group and in the general election by opponent former HUD Secretary Mel Martinez for not denoucing or firing Al-Arian.

Trial

Al-Arian's five-month, 13-day trial began with frenzied attention from national media outlets. The prosecution's case was built largely on FBI wiretaps and fax transmissions gathered between 1994 and the time of Mr. Al-Arian's arrest in 2003. The surveillance included roughly 20,000 hours of dialogue from 472,000 wiretapped telephone conversations on 18 tapped lines gathered from 1994 to 2003. While such wiretaps taken by the intelligence arm of the FBI are usually kept secret from federal criminal investigators, provisions in the Patriot Act and the Foreign Intelligence Surveillance Act allow their use in certain trials dealing with terrorism. At the end of the prosecution's case, Al-Arian's lawyers chose not to present any witnesses in his defense and rested without offering a defense, hoping to leave the burden of proof squarely on the government's shoulders. The trial concluded in November 2005. After 13 days of deliberations, the jury acquitted Al-Arian in December on 8 of 17 counts and deadlocked on the remaining nine. Two co-defendants were acquitted of all charges and another co-defendant was also acquitted on majority of his charges. The verdict was seen as a major embarrassment to the government's prosecution and to the Patriot Act.

At trial, the prosecution accused Al-Arian of aiding Palestine Islamic Jihad (PIJ), which the Clinton administration issued an executive order declaring the PIJ a "specially designated terrorist" organization in 1995. The executive order barred "making or receiving contributions, funds, goods or services" to benefit the PIJ. Federal prosecutors also presented several transcripts of phone calls, but none involved any discussion of an attack against the U.S. or reflected advance knowledge of attacks in the Middle East.

In April 2005, the faculty union United Faculty of Florida passed resolutions to send a representative to Al-Arian's trial and to express support for Al-Arian's constitutional right to a fair trial with fair treatment of prisoners.

Plea agreement

On February 28, 2006, Al-Arian signed a plea agreement in which he agreed to plead guilty to one count of conspiracy to contribute services to or for the benefit of the PIJ, a Specially Designated Terrorist organization, in violation of 18 U.S.C. § 371. In return, the U.S. Attorney: a) agreed to dismiss the other eight remaining charges in the superseding indictment; b) agreed not to charge Al-Arian with any other crimes known to the government at the time of the execution of the agreement; c) agreed not to enter any recommendation as to the imposition or amount of a fine; d) agreed with Al-Arian that an appropriate sentence would be 46–57 months in prison; and e) covenanted that if no adverse information were received suggesting such a recommendation to be unwarranted, the U.S. would recommend that Al-Arian receive a sentence "at the low end of the applicable guideline range, as calculated by the Court". As part of the deal, Al-Arian agreed to be deported once his prison sentence ended. The plea agreement provided that it was "limited to the Office of the United States Attorney for the Middle District of Florida and the Counterterrorism Section of the Department of Justice, and cannot bind other federal, state, or local prosecuting authorities." It also provided that it "constitutes the entire agreement between the government and ... and no other promises, agreements, or representations exist or have been made to ". The district court judge asked Al-Arian whether he had been promised anything else by anyone to induce his guilty plea, and he said that he had not. The plea agreement was unsealed and accepted by Judge James S. Moody on April 17, 2006. The count carried a maximum sentence of five years imprisonment, a $250,000 fine, and three years of supervised release. Al-Arian remained in custody pending his sentencing and deportation. The deal came after 11 years of Federal Bureau of Investigation investigations, wiretaps and searches, and three and a half years of trial preparation, time Al-Arian spent in jail, most of it in solitary confinement.

Supporters of Al-Arian said the agreement was reached in part to end his family's suffering and to reunite them.

Sentencing

Judge Moody sentenced al-Arian to the maximum 57 months in prison and three years of supervised release on May 1, 2006, and gave him credit for time served. Prosecutors said al-Arian would serve the balance of 19 months, and then be deported. In his ruling, Moody harshly criticized al-Arian. Al-Arian went on a 62-day hunger strike to protest the ruling.

Amnesty International demanded his immediate release and called for an investigation on his treatment in prison. It deemed his pre-trial detention conditions to be "gratuitously punitive" and "inconsistent with international standards for humane treatment". In a 2007 letter to Ashcroft, the human rights organization went on to declare that his "unacceptably harsh and punitive" abuse by prison guards was "based, at least in part, on his political background."

Civil and criminal contempt prosecutions; 2006–present

Al-Arian was subpoenaed three times to testify in terrorism-related investigations before Virginia federal grand juries between 2006 and 2008. Each time, he refused to testify. He challenged the initial subpoena in four different federal courts, each of which held that he was in fact required to testify. He was imprisoned for 13 months for civil contempt for failing to testify in compliance with the first subpoena.

Grand jury subpoenas, refusal to testify, civil contempt, and hunger strikes

In May 2006, the U.S. District Court for the Eastern District of Virginia issued a subpoena to Al-Arian to testify before a federal grand jury in Alexandria, Virginia, in an investigation into the alleged financing of terror by the Herndon, Virginia-based International Institute of Islamic Thought (IIIT). The subpoena was served on Al-Arian in October 2006. He sought to quash it on the assertion that his plea agreement prevented his being forced to testify before the Virginia grand jury. He said the government had agreed that he would not be required to cooperate with it in any manner, though that specific agreement was not reflected in the written plea agreement. In a verbal agreement that he says appears in court transcripts, federal prosecutors agreed he would not have to testify in Virginia. Second, Al-Arian also said he refused to testify because he believed "his life would be in danger if he testified." Third, Al-Arian claimed he has no information that could further the investigation. Fourth, Al-Arian said he would not testify because he felt IIIT was inappropriately charged. When called before the grand jury on October 19, Al-Arian refused to answer questions about IIIT.

A Virginia District Court held that he had no legal basis to refuse to testify. The court held him in civil contempt, and imprisoned him on November 16, 2006, for contempt of court, with the days served for civil contempt not counting towards the days of imprisonment he had remaining on his guilty conspiracy plea. He appealed the Virginia District Court decision to the Fourth Circuit Court of Appeals, which affirmed the lower court's ruling. Thirteen months later, on December 14, 2007, the Virginia District Court lifted its contempt order, starting the clock ticking again on his days-served on his conspiracy guilty plea sentence. A Florida District Court also held that the plea agreement was not ambiguous, and did not prevent the government from issuing a subpoena requiring him to testify before a grand jury. Al-Arian, who is diabetic, began a 60-day hunger strike on January 22, 2007, to "protest continued government harassment." By March 20, 2007, the 6-foot-tall (1.8 m) Al-Arian had gone from 202 to 149 pounds (92 to 68 kg). Al-Arian appealed the Florida District Court decision to the Eleventh Circuit Court of Appeals, which upheld the lower court on January 25, 2008. It pointed out that the plea agreement did not contain any mention of whether Al-Arian would be compelled to testify in front of a grand jury in the future. It also noted that the agreement said it reflected all promises and agreements between Al-Arian and the government, and that this accorded with Al-Arian's statement, when questioned by the trial court judge, that there were no promises or inducements made to him other than those reflected in the written agreement. Furthermore, the court observed that the plea agreement only spoke to the issue of the government prosecuting Al-Arian for crimes known to the office at the time of the agreement, but did not immunize Al-Arian from future subpoenas. The court therefore held the plea agreement to be clear, unambiguous, and to not grant Al-Arian immunity from the grand jury subpoena. The Justice Department issued its third subpoena later that month.

In March 2008 he began another hunger strike, to protest his subpoena. He ended his hunger strike two months later. A 2011 NPR report claimed some of the people associated with this case were imprisoned in a highly restrictive Communication Management Unit.

Criminal contempt proceedings; house arrest; deportation

On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of criminal contempt, for unlawfully and willfully refusing court orders that he testify as a grand jury witness on October 16, 2007, and March 20, 2008. On September 2, 2008, he was released from custody and put under house arrest at his daughter Laila's residence in Northern Virginia, where he was monitored electronically while he awaited trial on criminal contempt charges.

At a January 2009 hearing to schedule his trial, his attorneys filed documents saying Al-Arian "did cooperate and answer questions on IIIT" for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT ... but want to revisit the Tampa trial." In a motion filed on March 4, 2009, prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, prosecutors in Tampa believed that it exempted him from testifying in other cases. This affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt and Linda Moreno.

On March 9, 2010, Judge Leonie Brinkema postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case. While under federal law, Al-Arian could not be jailed for more than 18 months for civil contempt, the law does not have a time limit for criminal contempt. On June 27, 2014, Assistant U.S. Attorney Gordon D. Kromberg moved to dismiss the indictment, but because the case has dragged on so long they decided to drop the case and begin proceedings to deport Al-Arian.

On February 4, 2015, Al-Arian was deported from the United States to Turkey. He was flown on a commercial flight from Dulles International Airport from Herndon, Virginia to Turkey. In a statement released by his former attorney, Jonathan Turley, Al-Arian said in part, "After 40 years, my time in the U.S. has come to an end." He added, "But despite the long and arduous ordeal and hardships suffered by my family, I leave with no bitterness or resentment in my heart whatsoever. In fact, I'm very grateful for the opportunities and experiences afforded to me and my family in this country, and for the friendships we've cultivated over the decades. These are lifelong connections that could never be affected by distance."

In 2017, Al-Arian founded the Center for Islam and Global Affairs (CIGA) at Istanbul Sabahattin Zaim University (IZU) in Istanbul, Turkey, which he directs.

In 2024, the New York Police Department and Mayor Eric Adams stated that Al-Arian posted on Twitter a photo of his wife at the 2024 Columbia University pro-Palestinian campus occupation. Adams cited the posting as evidence of non Columbia-affiliated individuals training and providing tactics to students to escalate their protests.

Personal life

He is married to Nahla Al-Najjar, and they have five children. Nahla was born in 1960. His son Abdullah Al-Arian was an intern for U.S. Representative David E. Bonior in 2001. Al-Arian's eldest daughter, Laila Al-Arian, is a producer for Al Jazeera English in Washington, D.C., and a freelance journalist and contributor to the Huffington Post and The Nation.

Film

USA vs. Al-Arian is a 2007 documentary film by Norwegian director Line Halvorsen about Al-Arian and his family during and after his trial from his family's point of view, and a commentary on the U.S. justice system under the Patriot Act. The documentary was hosted by two MPs and screened in the Norwegian parliament.

Notes

  1. Al-Najjar was again detained in November 2001 by Immigration and Naturalization Service (INS). He was held in detention officially for overstaying his student visa in the 1980s. His supporters accused the government of subverting civil liberties in the wake of the September 11 attacks. Al-Najjar was granted a two-week tourist visa by Bahrain. But en route to Ireland, Bahrain reversed its decision to accept Al-Najjar. After negotiations, Al-Najjar flew to Italy and then landed in Lebanon, which granted him a six-month visitor's visa beginning in August 2002.

See also

References

  1. Josh Gerstein, Feds drop Sami Al-Arian prosecution Archived October 11, 2019, at the Wayback Machine, Politico.com, June 27, 2014.
  2. "Martinez going after Castor on Al-Arian issue". Tampa Bay Times. Archived from the original on February 15, 2022. Retrieved February 28, 2022.
  3. Gerstein, Josh (February 25, 2010). "Al-Arian roils Calif. Senate race". Politico.com. Archived from the original on February 16, 2022. Retrieved February 28, 2022.
  4. Jodie Tillman, Ex-USF professor Sami al-Arian deported to Turkey, Tampabay.com, February 5, 2015.
  5. Debenport, Ellen (March 10, 1991). "Arab-Americans' feelings mixed on postwar hoopla". St. Petersburg Times.
  6. Varian, Bill (February 21, 2003). "Al-Arian's rise in U.S. began in academics". Tampa Bay Times. Archived from the original on September 24, 2015. Retrieved October 20, 2012.
  7. ^ Leiby, Richard (July 28, 2002). "Talking Out of School; Was an Islamic Professor Exercising His Freedom or Promoting Terror?". The Washington Post.
  8. ^ Camp, Paul. "Guide to the Sami Al-Arian Collection, 1986–2007". University of South Florida Libraries – Special & Digital Collections. Archived from the original on June 2, 2018. Retrieved October 21, 2012.
  9. ^ Gay, Kathlyn (2011). American Dissidents: An Encyclopedia of Activists, Subversives, and Prisoners of Conscience, Volume 1. ABC-CLIO. pp. 17–22. ISBN 978-1598847642. Archived from the original on September 30, 2021. Retrieved October 20, 2012.
  10. ^ "Events in the Sami Al-Arian Investigation". Lakeland Ledger. December 21, 2003. Archived from the original on September 30, 2021. Retrieved March 11, 2010.
  11. "The Strange Trial of Dr. Sami Al-Arian: Controversies around Secret Evidence, Academic Freedom, and Free Speech". The Pluralism Project. Harvard University. 2005. Archived from the original on June 3, 2011. Retrieved October 21, 2012.
  12. Al-Arian, S.; Agrawal, D. (March 28, 1987). "Physical failures and fault models of CMOS circuits". IEEE Transactions on Circuits and Systems. 34 (3): 269–279. doi:10.1109/TCS.1987.1086138. Archived from the original on January 22, 2022. Retrieved February 28, 2022 – via IEEE Xplore.
  13. Laughlin, Meg (June 30, 2007). "Al-Arian". St. Petersburg Times. Archived from the original on January 24, 2012. Retrieved October 21, 2012.
  14. Mitch Stacy (December 7, 2005). "Fla. ex-professor cleared of some terror charges". The Boston Globe. Archived from the original on October 25, 2012. The case against Sami al-Arian, 47, had been seen as one of the biggest courtroom tests yet of the Patriot Act's expanded search-and-surveillance powers.
  15. ^ Harper, James (May 3, 1996). "USF professor's address canceled after threat". St. Petersburg Times.
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