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Dr. Sami Amin Al-Arian (Template:Lang-ar) (born January 14, 1958 in Kuwait) is a civic activist and a former professor of computer engineering 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 plea agreement to plead guilty to conspiracy to help a "specially designated terrorist" organization, the Palestinian Islamic Jihad in 2006.

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. Department of Justice subpoenaed Al-Arian to testify before another grand jury. Because he refused to testify, prosecutors charged him with criminal contempt in June 2008.

On September 2, 2008, Al-Arian was released from detention on bond. He will remain under house arrest as he awaits a trial on contempt charges.

Life and work

Sami Al-Arian was born in Kuwait, the son of Palestinian refugees, and came to the United States in 1975 at the age of 17 to attend university. He obtained his Bachelor's Degree, graduating with honors in 1978 with a major in Electrical Engineering, and completed his Master's Degree and Ph.D. in computer engineering in 1980 and 1985 respectively. In 1986, he was hired as a professor in the Computer Sciences Department at the University of South Florida in Tampa. He is married to Nahla Al-Arian and has five children. His son Abdullah Al-Arian was an intern for U.S. Rep. David E. Bonior in 2001. Sami Al-Arian's eldest daughter, Laila Al-Arian, is a producer for Al Jazeera English in Washington DC and a contributor to the Huffington Post and The Nation.

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 Islamic Society of North America. 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. . 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 antiterrorism and immigration 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.

As part of his activism, Al-Arian met with then candidate George W. Bush 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 Gore, 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.

In June, 2001, Al-Arian joined 150 Muslim-American activists in a White House briefing with Karl Rove. His son Abdullah Al-Arian was the subject of national media attention when he was escorted out of the White House event by the Secret Service without explanation, prompting an apology by President George W. Bush.

Conspiracy prosecution

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 Palestine Islamic Jihad (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. Al-Arian's told reporters “it’s all about politics” and his attorney labeled the indictment a “work of fiction.”

Al-Arian's was tried with codefendants Ghassan Ballut, Hatim Fariz and Sameeh Hammoudeh in the United States District Court for the Middle District of Florida in Tampa, 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. Furthermore, the conversations occurred before Palestinian Islamic Jihad was designated as a Foreign Terrorist Organization in 1995.

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; 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.

Jurors had mixed reactions. 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." But one of the few jurors who wanted to find him guilty on nine counts, causing a mistrial, said:

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.

Plea agreement

On February 28, 2006, Al-Arian plead guilty to one count of conspiracy to contribute services to or for the benefit of the Palestinian Islamic Jihad, 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 indictment, 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. The plea agreement was unsealed and accepted by Judge James S. Moody on April 17, 2006. Al-Arian's sentencing was scheduled for May 1, 2006. 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, three and a half years of trial preparation and process, time Al-Arian spent in jail, most of it in solitary confinement. 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.".

At the plea agreement hearing, U.S. Magistrate Thomas B. McCoun said, "... 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."

Al-Arian admitted knowing "that the PIJ achieved its objectives by, among other means, acts of violence."

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.

Sentencing

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."

Grand jury subpoena and hunger strike

Al-Arian refused to testify to a federal grand jury in Alexandria, Virginia, in an investigation of the International Institute of Islamic Thought'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. In a verbal agreement that appears in court transcripts, federal prosecutors agreed that Al-Arian would not have to testify in Virginia. These arguments were rejected by a federal judge in Florida and Al-Arian (who is diabetic) began a 60-day hunger strike on January 22, 2007, to "protest continued government harassment." As of March 20, 2007, Al-Arian, who is 6 feet tall, had gone from 202 to 149 pounds. In March 2008 he began another hunger strike, again to protest what he called government harassment. He ended the strike two months later and after his September 2008 release remains under house arrest as he awaits March 2009 trial on contempt charges.

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."

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. This admission affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt, and Linda Moreno.

On March 9, Judge Leonie Brinkema postponed Al-Arian's Virginia trial, pending a motion by defense attorneys to dismiss the charges in the case.

Film

USA vs. Al-Arian is an award-winning 2007 documentary film by Norwegian director Line Halvorsen about Sami Al-Arian and his family during and after his trial and a commentary on the U.S. justice system under the Patriot Act.

References

1. ^ MegLaughlin, In his plea deal, what did Sami Al-Arian admit to?, St. Petersberg Times, April 23, 2006.
2. Al-Arian Gets Federal Subpoena, Elaine Silvestrini, March 4, 2008.
3. Elaine Silvestrinin, Al-Arian Arraigned On Contempt Charges, Tampa Tribune, June 30, 2008.
4. BREAKING: Sami Al-Arian Released on Bond.
5. ^ Joseph Goldstein, Al-Arian Is Freed, but More Charges Await, New York Sun, September 3, 2008.
6. ^ Judge sets trial for Sami Al-Arian on criminal contempt charge, Tampa Tribune, January 17, 2009.
7. Rebecca Carroll, [http://www.thenational.ae/article/20090425/FOREIGN/704249811/1135 Judge calls off hearing, The National (Abu Dhabi), April 24. 2009.
8. The Defendants, St. Petersburg Times, December 7, 2005.
9. ^ Sami Al-Arian biography at FreeSamiAlArian.com
10. ^ Intern's removal prompts Bush apology, UPI, June 29, 2001.
11. Huffington Post biography of Laila Al-Arian
12. Nation Magazine biography of Laila Al-Arian
13. ^ Isikoff, Michael (March 3, 2003). "Hiding in Plain Sight: Did a Muslim professor use activism as a cloak for terror?". Newsweek. p. 27. {{cite news}}: |access-date= requires |url= (help); Cite has empty unknown parameter: |coauthors= (help)
14. US Department of Justice press release regarding arrest- February 20, 2003.
15. Fechter, Michael (August 24, 2005). "Witness: Islamic Jihad Planned Strike In U.S." Tampa Bay Tribune. Media General Inc. Retrieved 2007-03-26.
16. http://blogs.tampabay.com/breakingnews/2009/01/al-arian-to-be.html
17. Meg Laughlin, Jennifer Liberto and Justin George, 8 times, Al-Arian hears 'Not guilty', St. Petersburg Times, December 7, 2005.
18. ^ Laughlin, Meg (April 23, 2006). "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". St. Petersburg Times. Retrieved 28 February 2010.
19. http://www.sptimes.com/2006/04/24/Hillsborough/Plea_deal_overcame_th.shtml
20. Al-Arian Plea Agreement February 28, 2006.
21. Docket. dead link‍]
22. ^ Meg Laughlin,Plea deal overcame the discord, St. Petersberg Times, April 24, 2006.
24. ^ Elaine Silvestrini, "Al-Arian Admits His Role In Jihad", Tampa Tribune, April 18, 2006
25. Al-Arian gets 18 more months in prison, Associated Press, Published May 1, 2006
26. Al-Arian's plea ends an ordeal; He agreed to a single count of conspiracy to end his family's turmoil, his attorney says., St. Petersberg Times, April 18, 2006.
27. "Ex-professor gets over 4 years in Florida Jihad case", Reuters, May 1, 2006
28. ^ Witness Is Silent in Terror Probe: Ex-Professor Says Grand Jury Testimony Would Endanger Him. Washington Post. November 14, 2006.
29. ^ Gaunt Al-Arian shocks family by Meg Laughlin. St. Petersburg Times. March 20, 2007.
30. Family says inmate's hunger strike not near end. Wilmington Star (NC). February 17, 2007.
31. Democracy Now! | Al-Arian Enters 19th Day of Hunger Strike in Protest of "Government Harassment"
32. http://www.tampabay.com/news/courts/criminal/article981644.ece
33. William B. Moffit Declaration on Plea Deal
34. Linda Moreno Declaration on Plea Deal
35. http://www.miamiherald.com/news/florida/AP/story/940573.html
36. Jay Weissberg, "USA vs Al-Arian" (Movie review), Variety, February 19, 2007

External links

• Professors For Al-Arian, February 24, 2003
• FOX News transcript of O'Reilly interview, September 26, 2001
• News Links and "Sami Al-Arian, in his words" quotations, St. Petersburg Times, February 23, 2003
• USA vs. Al-Arian official site in English and Norwegian.
• Anita Kumar, Al-Arian Demands USF Restore his Standing - St. Petersburg Times, January 7, 2003
• Links to 2006-2007 trial coverage from the St. Petersburg Times
• Micheal Fechter, Al-Arian Likened To Don In Mafia, Tampa Tribune, November 8, 2005
• Melva Underbakke and Paul Findley, Two Views: Sami Al-Arian’s Plea “Bargain”, Washington Report on Middle East Affairs, July 2006

• Articles with dead external links from December 2008
• 1958 births
• Living people
• Muslim activists
• Palestinian-Americans
• Palestinian-American activists
• People convicted on terrorism charges
• Palestinian criminals
• 21st-century American criminals
• Prisoners and detainees of the United States federal government
• Terrorism in the United States