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Islamic Human Rights Commission
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11 March 2009

Update Alert: USA – Judge questions Justice Department’s upholding of plea in Al-Arian case

Contents
1. Summary
2. Background

1. Summary

Sami Al-Arian’s case against criminal contempt charges is now being reconsidered by Federal Judge Leonie Brinkema. Al-Arian was formerly indicted and charged with being a leader in Palestinian Islamic Jihad, and while jurors were unable to convict him of all charges, his defence reached a plea agreement with the government. That agreement would include immunity from having to testify in further investigations, amongst deportation after a 5 year prison sentence.

Nevertheless, federal prosecutors in Virginia filed a charge of criminal contempt against Al-Arian after he refused to testify before a grand jury over a subsequent terror network investigation, while defence cited his prior agreement and immunity.

Judge Brinkema, in questioning the foundation of such a contempt charge, noted:

“If that was what the mind-set was of the government prosecutors who negotiated the plea agreement, then in my view the government is bound by that”.

2. Background

The upholding of the former deal struck between Florida federal prosecutors and Sami Al-Arian’s defence is now being questioned by a Virginia Federal District Court judge, Leonie M. Brinkema, in Alexandria.

In 2005, jurors were not able to convict Al-Arian, who had been accused of being a leader of Palestinian Islamic Jihad, of all charges. This eventually led to his defence reaching a plea agreement with the government, which was to include: immediate deportation after serving a near 5 year prison sentence, and immunity from having to testify in future investigations.

However, federal prosecutors in Virginia filed a charge of criminal contempt against Al-Arian after he refused to testify before a grand jury over a subsequent terror network investigation, with defence citing his prior agreement and immunity.

With the exact terms of that agreement now in question, it is this second point which prosecutors are challenging. Assistant U.S. Attorney Gordon Kromberg told judge Brinkema:

“The man got an order to testify. He’s got to obey it”…”It’s not a defense to say, ‘Oh, I thought my plea agreement said I didn’t have to.’”

Nevertheless, Judge Brinkema is suggesting that the former agreement is in fact relevant, and has given Al-Arian’s defence 10 days to file a dismissal of the criminal contempt case. Brinkema questioned Virginia prosecutors specifically over the fact that Florida prosecutors opposed their efforts to subpoena Al-Arian. On that point, Judge Brinkema noted:

“If that was what the mind-set was of the government prosecutors who negotiated the plea agreement, then in my view the government is bound by that”…”Whether this case goes forward or not, there’s something more important here: the integrity of the Department of Justice.”

For further background information including prior IHRC alerts on the case of Sami Al-Arian, please visit the following links:

Alert Update: USA – Sami Al-Arian high court appeal rejected (https://www.ihrc.org.uk/show.php?id=3643)

Alert: US – Sami Al-Arian released on bail (https://www.ihrc.org.uk/show.php?id=3606)

Indicted, Sami Al-Arian Faces Possible Life Imprisonment (https://www.ihrc.org.uk/show.php?id=3476)

Support Dr Sami Al-Arian: Political Prisoner of the USA (https://www.ihrc.org.uk/show.php?id=2571)

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