Three years ago, when the Department of Justice announced
Muthanna al-Hanooti’s indictment, they alleged he was a spy for Iraq. They
claimed that he worked for Saddam Hussein’s foreign intelligence arm, the Iraqi
Intelligence Service (IIS), and was paid for his services. The charges carried
a 15-year sentence. There was also chatter that the indictment would be
superseded, adding a charge that Mr. al-Hanooti was an agent of a foreign
government, and increasing his potential sentence to 25 years.

Mainstream media’s portrayal of al-Hanooti was pervasive and
negative, alleging he was a terrorist on the private payroll of Saddam Hussein.
This was particularly painful for al-Hanooti, a humanitarian and loyal citizen.
Those in the community who knew al-Hanooti as an outspoken critic of Hussein
were outraged.

Recognizing the fallacy of these accusations, al-Hanooti’s
attorney put on a defense that set the record straight. Linda Moreno spent over
18 months meticulously reviewing classified documents, picking apart the
prosecutor’s allegations, and mounting a defense that would restore her
client’s dignity. 

The fruit of this labor was a disposition favorable to
al-Hanooti, especially in light of the devastation he faced: a plea of guilty
to one count of violating the U.S. sanctions on Iraq. In conjunction with the
plea, al-Hanooti admitted to entering into a contract to transact Iraqi oil
without prior authorization from the U.S. Treasury.

However, the transaction was never completed. More
importantly, the undisputed evidence pointed to the fact that al-Hanooti would
not have personally profited. Rather, any funds derived were slated for
reinvestment into his humanitarian work to combat the Iraq sanctions—a U.S.
initiative that had little effect on Saddam’s regime, yet devastated an entire
civilian population. While al-Hanooti was mistaken in conducting this
transaction, he harbored no ill intent.

Still, the government recommended that al-Hanooti serve four
years for this mistake. They urged the judge to be guided by a four-year
sentence imposed on Najib Shemami in the same district. Moreno was quick to
point out the difference in the two cases, and advocated for a sentence of two
days time-served. She argued that any additional period of incarceration would
be a miscarriage of justice.  

In support of this, Moreno submitted a lengthy sentencing
memo filed under seal to protect al-Hanooti’s privacy, and countless letters
from diverse elements of the community. Christians, Muslims and Mennonites were
among the voices in support of al Hanooti’s character as a humanitarian and
loyal citizen. A former prosecutor described al Hanooti as a “gentleman’s
gentleman.” At the sentencing hearing, al-Hanooti’s eldest son brought the
courtroom to tears, testifying that his father inspired him to serve the
community, and strive to become a lawyer.

Judge Paul Borman sentenced al-Hanooti to serve 10 months,
citing his life of charitable and civic work in rejecting the government’s call
for considerably more prison time.

As an attorney handling federal national security cases
across the country, I have never seen a judge depart so radically from the
government’s recommended sentence. This underscores the fact that al-Hanooti is
a committed humanitarian and a role model for the community he so dearly
served.  In the end, a stunning
trajectory for Muthanna al Hanooti: From spy to patriot.

Ahmed Ghappour is an Egyptian-American trial attorney who
focuses on national security law.