Vol. 72/No. 8      February 25, 2008

Al-Arian, a former University of South Florida professor, was indicted in 2003 on charges of “racketeering, conspiracy to maim and murder,” and of providing material support to the Palestinian group Islamic Jihad. In December 2005 the government’s case collapsed when a federal jury in Tampa, Florida, acquitted him of the terrorism charges and deadlocked on other counts. Even so, he was returned to prison while prosecutors decided whether to retry him on the deadlocked charges.

Under an agreement with the government, Al-Arian pled guilty to “conspiracy to provide services” to Islamic Jihad. On May 1, 2006, he was given the maximum sentence of 57 months, and was to be turned over to immigration authorities for deportation after serving his time. Al-Arian was scheduled to be released April 13, 2007.

Continuing the campaign of harassment, however, Al-Arian was then subpoenaed to appear before a grand jury investigating Muslim charities. When he refused to testify, he was held in contempt. The time Al-Arian spent in jail in contempt status was not credited to his sentence under the agreement, effectively lengthening his punishment. On Dec. 13, 2007, a federal judge lifted the contempt status.

“Unable to convict Dr. Al-Arian before a jury, prosecutors have sought to mete out their own brand of justice through the grand jury system,” wrote Jonathan Turley, Al-Arian’s attorney in the contempt case, on his blog December 13. “It is a tactic used in other cases where … the government creates the perfect Catch-22 for unconvicted citizens: choose between a perjury trap … and a contempt charge for refusing to enter the perjury trap.”

“The jury spoke clearly—not guilty, not guilty—and it is overdue that their decision be respected,” said Reverend Warren Clark, according to the Tampa Bay Coalition for Justice and Peace.

For more information on Al-Arian’s defense campaign, see www.freesamialarian.com.  
 
 
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