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Al-Arian Arraigned On Contempt Charges
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Published: June 30, 2008
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Former University of South Florida professor Sami Al-Arian was arraigned this afternoon on two charges of criminal contempt for refusing to testify before a federal grand jury in Virginia.
U.S. District Judge Leonie Brinkema in Alexandria, Va., ordered Al-Arian transferred out of the custody of immigration authorities and into the custody of U.S. Marshals.
Al-Arian's attorney, Jonathan Turley, wrote on his blog that the court where Al-Arian is being prosecuted "is called the 'Rocket Docket' because it prides itself on moving these cases at a breakneck pace."
Al-Arian's arraignment had been scheduled for the morning, but was moved to the afternoon "due to the failure of the government to transport him to the courthouse," Turley said on his blog.
Al-Arian was prosecuted in Tampa on terrorism-related charges alleging he was a lead U.S. fundraiser for the Palestinian Islamic Jihad, a U.S.-designated terrorist organization in Israel. A federal jury in 2005 failed to convict him of any charge, but deadlocked on nine counts. He later struck a deal with prosecutors, pleading guilty to one count of providing assistance to the Palestinian Islamic Jihad.
He has completed his sentence for that charge, but has been held on successive civil contempt charges for refusing to testify before a Virginia grand jury investigating alleged terrorist financing by charities there.
During the Tampa trial, the government presented evidence that Al- Arian's think tank, World and Islam Studies Enterprise, received funding from the International Institute of Islamic Thought, based in Herndon, Va. The institute's offices were raided in 2002 as part of the investigation into World and Islam Studies Enterprise.
Turley wrote on his blog that Al-Arian has been indicted for failing to provide information about IIIT, even though he doesn't have any information to give.
"After failing to convict Dr. Al-Arian before a Florida jury, the government has continued to use any and all means to prolong his confinement in direct contradiction of a plea agreement reached after his trial," Turley wrote. "They have indicted him despite the fact that the prosecutors admitted that he is a minor witness in the IIIT investigation and he has already given two detailed statements under oath to the government and offered to take a polygraph examination to prove that he has given true information about his knowledge of IIIT."
Stetson Law School professor Charles Rose said criminal contempt charges such as the new ones against Al-Arian are extremely rare.
"I just can't imagine that this is still around," Rose said of the Al-Arian case. "You almost never see a charge of criminal contempt, historically, unless you're dealing with organized crime. They're treating Sami Al-Arian like he is a member of a criminal organization."
Rose said the only explanation he can think of is that the government has some evidence against Al-Arian that it cannot use because it was not legally obtained. "That would explain why they are so adamant in their pursuit of Mr. Al-Arian because otherwise it's just harassment," he said.
Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com
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