Professor Dr. Sami Al-Arian has spent more than five years in prison as the government pursued and lost a case against him.  They claim he supported terrorism but could not convict him during a lengthy trial. A later plea agreement gave the government an admission of Al-Arian’s guilt on one charge, in exchange for his deportation.  The government held on to him, instead.

Last week, a judge granted Dr. Al-Arian bond in the latest proceedings against him. He is being tried for criminal contempt, after refusing to further comply as a witness in another case.  That violated the plea agreement.  The government was continuing to hold him as a witness in other cases though under the agreement’s terms, he was to be deported.

Though he was not eventually released because of his immigration status, the judge’s comments at the bond hearing vindicated Dr. Al-Arian to some extent.

The federal judge, Leonie M. Brinkema, slammed the government prosecutors.  After agreeing with Dr. Al-Arian to deport him in exchange for pleading guilty to one count, they broke their word and held on to him.  Abusing laws designed to let the government hold material witnesses in other cases, they kept Al-Arian detained, despite his lack of knowledge in cases.

This most recent legal round came about after the government claimed he refused to testify in a case involving a Virginia charity.  Al-Arian was protesting the government’s violation of the agreement. The government moved to have him charged with criminal contempt, which would likely involve a jail sentence.

However, in the last hearing, the prosecutor Gordon Kromberg began arguing that Dr. Al-Arian was being charged with his refusal to answer questions from his Florida trial, according to Al-Arian’s attorney.  This was a way for the government to re-pursue its failed case.  It violated the terms of the plea agreement.

Dr. Al-Arian did voluntarily answer every question on the Virginia charity case, and provided all requested documents. Dr. Al-Arian repeatedly offered to take a lie detector test to prove that he provided all the relevant information.

Last week, the judge presiding over the bond hearing lambasted the government for its unfair maneuvers against the former professor.

She stated the government was sending “strange signals” for this case.  She warned the government against pressuring other governments against accepting Dr. Al-Arian. She declared that the plea agreement still applies to the case and that the government is required to deport him with expedition, despite the prosecution’s arguments to the contrary.   Finally, she said that if immigration officials took custody of Al-Arian, deportation would have to happen.

As he was being released, the family thought immigration officers took him into custody.  As it turned out, he remained in the same jail for some days.  However, the family was denied the chance to visit.

Instances of the government’s missteps in this case came to light.  For example, during the July 10, 2008 hearing, Assistant United States Attorney Gordon Kromberg claimed Dr. Al-Arian was not being deported because no third country would accept him.  Kromberg, however, was directly provided documentation from the Egyptian government saying they would take him.  This was also announced in several news reports.

Last Friday, Al-Arian filed a series of pre-trial motions challenging the prosecution’s handling of the case. They argue that prosecutorial abuse and selective prosecution have marred this case. His lawyers also moved to quash the indictment, reassert the plea agreement, and to bar the introduction of prejudicial evidence.

The government filed its own motions with the court. The seven requests to the court seek to prevent references to certain evidence.  Jonathon Turley, Al-Arian’s lawyer, wrote that if accepted these motions “would basically permit Dr. Al-Arian to state his name and then sit down for a verdict.”

His family, which has suffered through this for years now, is hoping for a quick deportation.  His wife and a few of his daughters are in Cairo now, anticipating his return.  Given the government’s record in this case, it is not clear how long they will have to wait.

For more information visit www.freesamialarian.com.