By Jonathan Turley, Lead Counsel to Dr. Sami Al-Arian
In a set back for the government, Dr. Sami Al-Arian was granted bail by Judge Leonie M. Brinkema today. Over the objections of the government and the pre-trial services, Judge Brinkema agreed that Dr. Al-Arian was not a flight risk and no danger to the community. The government has suggested that it may now block release by having Immigration officials hold Dr. Al-Arian for deportation — despite the fact that it is trying to hold him for years under a criminal sentence rather than deport him.
At the hearing, I was joined by my colleague P.J. Meitl from the law firm of Bryan Cave. The government was represented by Gordon Kromberg, who was joined at counsel table by Steve Ward of the Joint Terrorism Task Force. Judge Brinkema specifically asked him to identify Ward and immediately noted that his office is part of the plea agreement with Dr. Al-Arian. Kromberg admitted that he was. This would be important later during sharp exchanges with Kromberg over Dr. Al-Arian’s cooperation. Kromberg admitted that the alleged contempt by Dr. Al-Arian was his refusal to answer questions from the Florida trial, which was closed with the plea agreement. In this admission, Kromberg established that Dr. Al-Arian is not being charged with failing to answer questions about the IIIT investigation — which were addressed fully in his affidavits. Rather, the government is trying to revisit the Florida trial that it lost when a jury acquitted Dr. Al-Arian of various counts (and came within two votes of acquitting him on all counts).
Judge Brinkema made a number of significant statements in the hearing.
First, she warned the government that she was getting “strange signals” for this case and that the government should not be found to have harassed efforts for another governments to accept Dr. Al-Arian under the plea agreement.
Second, she stated that the plea agreement continued to apply to the case and that the government is required to deport him with expedition.
Third, she said that any resumption of custody by ICE would trigger the deportation provision.
Fourth, Judge Brinkema specifically asked for confirmation that Dr. Al-Arian had already made detailed statements to the government and repeatedly offered to take a polygraph examination to prove that he was not withholding information.
On the question of the government’s failure to deport Dr. Al-Arian, we were astonished by Mr. Kromberg’s insistence that the government did not know of any travel document issued by the Egyptian government. I objected that multiple copies were submitted to the government weeks ago and that Mr. Kromberg was personally informed of the travel documents before the indictment. Despite this record, Mr. Kromberg suggested that Dr. Al-Arian was “a man without a country” and thus could not be deported at this time.
In one of the most curious moments, the government insisted that Dr. Al-Arian had waived any claim under the statute for deportation within the 90 day period. I immediately objected and said that no such agreement was made. We agreed not to invoke the plea agreement for part of the period of negotiation. We never agreed to waive all statutory arguments of removal. The government, however, is arguing that (unlike the plea agreement) the court should just read such an understanding into prior emails between counsel. We will be submitting these emails to the court to clearly show that no such waiver occurred and the time for deportation has expired.
The government also said that Dr. Al-Arian had refused to meet face-to-face with investigators. We will be submitting material today to the court to show that Dr. Al-Arian repeatedly agreed to meet face-to-face with investigators and only refused to revisit the Florida trial. On the questions related to IIIT, Dr. Al-Arian not only submitted detailed answers but agreed to both meet with investigators and to take a polygraph examination to prove that he was not withholding information.
Next week, we will be submitted pre-trial motions as well as seeking Dr. Al-Arian’s release from ICE custody.
We are deeply grateful to Judge Brinkema for her ruling today as well as her words of concern over the “strange signals” in the case. Indeed, there is much strange about this case such as the government claiming to be deporting someone who it is trying to hold for years in a criminal indictment. Things are likely to become stranger still as the government continues its long campaign to hold Dr. Al-Arian by any means or method. We remain hopeful, however, that Dr. Al-Arian will be vindicated and that the government will be forced to comply with its commitment to allow him to leave the country.
None of what follows proves that Taha J. Al-Alwani is guilty. Nor does it show that Sami Al-Arian is guilty of anything more than the single count of conspiracy to which he already pleaded guilty.
However, the following information does explain why the Virginia grand jury investigating IIIT has required Al-Arian’s testimony.
First of all, who is Al-Alwani, and what is his relationship to the grand jury’s target the IIIT?
http://www.youngmuslims.ca/online_library/books/usul_al_fiqh_al_islami/taha.html states:
“””Taha Jabir Al ‘Alwani
… * Dr. al ‘Alwani participated in the founding of the International Institute of Islamic Thought (IIIT) in the USA in 1401/1981, and is now the Institute’s President and a member of its Board of Trustees.”””
And why would a grand jury investigating IIIT require Al-Arian’s testimony concerning matters about which Al-Arian already testified at his own trial?
The following 3/27/03 article from the St. Petersburg Times details the alleged connection between the Al-Arian and IIIT founder Al-Alwani.
http://www.sptimes.com/2003/03/27/Worldandnation/Muslim_linked_to_Al_A.shtml
“””Terror Indictments
Muslim linked to Al-Arian trained military chaplains
By MARY JACOBY, Times Staff Writer
© St. Petersburg Times
published March 27, 2003
WASHINGTON — An Islamic scholar — a man court records suggest is an unindicted co-conspirator in the Sami Al-Arian case — has played a key role in training Muslim chaplains in the U.S. military, prompting a U.S. senator to pursue a Pentagon investigation.
Sen. Charles Schumer, D-N.Y., wrote the Defense Department’s inspector general earlier this month to request a probe into a school run by prominent Islamic scholar Taha Jabir Al-Alwani.
Al-Alwani and a network of Virginia-based organizations with which he’s associated — including a group accused of funding alleged fronts for the Palestinian Islamic Jihad in Tampa — are under federal investigation for suspected financing of terrorism.
…Documents seized in a 1995 raid of a USF-sponsored think tank and charity founded by Al-Arian indicate that Al-Alwani is the unnamed “unindicted co-conspirator five” in the Tampa indictment.
…Al-Alwani, who lives in the Washington suburb of Herndon, Va., did not return phone calls. But his lawyer, Nancy Luque, said the scholar and Muslim activist “is not an extremist.”
She criticized Schumer for suggesting Al-Alwani and the academy he runs, the Graduate School of Islamic and Social Sciences, have ties to terrorism. “It was outrageous,” Luque said.
…In March 2002, a Customs Service-led task force raided the school, Al-Alwani’s home and a network of interlocking Islamic nonprofit organizations and businesses in suburban Virginia.
The raid sought evidence that the web of Saudi-funded organizations was funneling money to al-Qaida, Palestinian Islamic Jihad and other groups sympathetic to militant Islam. The search warrants named Al-Alwani and Al-Arian as targets, among others.
So far, only Al-Arian and seven others accused of supporting Palestinian Islamic Jihad have been charged with crimes. No charges have been filed against Al-Alwani.
Luque said she has “no reason to believe” that prosecutors remain interested in her client. But in a March 14 motion filed with the U.S. District Court for Eastern Virginia, prosecutors described the probe of Al-Alwani and others in Virginia as “ongoing.”
…The Al-Arian indictment says that “unindicted co-conspirator five,” who is thought to be Al-Alwani, wrote a letter to Al-Arian saying he considered the Tampa group “as part of and an extension” of his own organization and “promised to send the remainder of the money pledged previously.””””