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Al-Arian Gets Federal Subpoena
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Published: March 4, 2008
TAMPA - Less than three months after Sami Al-Arian was released from a federal contempt citation for refusing to testify before a federal grand jury, the Justice Department has informed him he will be called to testify before another grand jury, according to his supporters.
The former University of South Florida professor was acquitted in 2005 of eight terrorism-related charges. A federal jury deadlocked on nine other counts. Saying he wanted to avoid another trial, Al-Arian pleaded guilty to conspiring to provide assistance to the Palestinian Islamic Jihad, a terrorist organization.
During the 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.
Al-Arian was sentenced to nearly five years in prison, after which he was to be deported. He was given credit for the time he served while awaiting trial and was expected to finish the sentence last April.
Then he was subpoenaed to testify before a grand jury in Virginia last year that was investigating IIIT. When Al-Arian refused to testify, he was held in contempt, and his sentence was put on hold. The contempt citation was lifted in December, and Al-Arian was scheduled to be released this April.
Monday, federal prosecutors served Al-Arian a court order requiring him to testify before another grand jury, according to a statement from Al-Arian's supporters, the Tampa Bay Coalition for Justice and Peace. The order, like the last one, grants him immunity for his testimony, meaning he can't invoke his right against self-incrimination to avoid some questions.
Justice Department spokesman Dean Boyd said he could not comment because the department does not discuss grand jury matters.
Al-Arian's attorney, Jonathan Turley, said the current matter is under seal and he cannot discuss the details, including whether it involves the same investigation as the last one.
"What I can say is the government has developed something of a pattern or modus operandi in dealing with high-profile defendants who they've been unable to convict," said Turley, a professor at George Washington University Law School. "This happened in Chicago recently where an individual was acquitted but subject to civil and criminal contempt. There is no limitation on the sentence you can receive for criminal contempt. It's one of the few times where there's no maximum sentence. ... This order calling for Al-Arian to testify sets up, lays the foundation for a possible civil or criminal contempt action."
Turley said any information Al-Arian could offer is stale and "would offer little to a current investigation." He added, "That reinforces the view that this is a classic perjury trap."
The idea that Al-Arian could avoid a perjury charge by simply testifying truthfully is "naive," Turley said. "If the government wants to charge your client with perjury, it is almost certain to be able to do so by asking enough questions over the course of the proceeding."
Turley said Al-Arian's prison conditions are poor, and an investigation has been launched into his complaints. Al-Arian recently passed a government-administered polygraph test related to that investigation, he said.
Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.
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