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USA vs Al-Arian
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William B. Moffit Declaration on Plea Deal

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION


UNITED STATES      
Case No. 1:08cr131
v.
SAMI AMIN AL-ARIAN


DECLARATION OF WILLIAM B. MOFFITT, ESQ.

I, William B. Moffitt, pursuant to 28 U.S.C. § 1746, declare as follows:

1. I am an attorney, duly licensed to practice in the state of Virginia, and I was lead
counsel for Dr. Sami Al-Arian in criminal proceedings against him in Florida in 2005.
2. I was informed that this Court has ordered discovery into the negotiations that led
to Dr. Al-Arian’s plea agreement and specifically the assurance by the government that he would
not have to testify or cooperate in respect with future investigations.
3. First, and foremost, I want to be clear about the fact that the issue of cooperation
was the most significant issue throughout these negotiations.
4. Before the trial, the subject of a plea agreement was broached with the
government and, at that meeting, the government stated that it would expect Dr. Al-Arian to
testify and cooperate in future investigations before his deportation.  I stated at that pre-trial
meeting (and every time subsequently when the issue of cooperation was raised) that Dr. Al-
Arian would not agree to anything that involved his cooperation and that he would only agree to
a plea agreement that established that he would have nothing to do with the Justice Department
in any investigation or case.

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5. Soon after the Dr. Al-Arian’s acquittals, I, along with Linda Moreno, Esq.,
another one of Dr. Al-Arian’s attorneys, engaged in plea negotiations with the Department of
Justice’s Counter-terrorism Division in Washington, D.C. and the United States Attorney for the
Middle District of Florida. 
6. I also want to stress that the later post-trial negotiations were primarily with
representatives from Main Justice’s Criminal Division in Washington.  During these discussions,
the subject of the Eastern District of Virginia was raised.  Specifically, the IIIT investigation and
the use of the grand jury subpoenas by Gordon Kromberg were discussed.  This was my main
reason for insisting that the agreement not include a cooperation provision.
7. Special Assistant United States Attorney Cheri Krigsman, who worked in the
counter-terrorism branch of the Department of Justice, initiated negotiations on behalf of the
government.  Assistant United States Attorneys Terry Zitek and Walter Furr were also involved
in the negotiations. At various times, United States Attorney Paul Perez and Assistant Attorney
General for the Criminal Division, Alice Fisher, were also involved with the negotiations.
8. After receipt of the government’s initial offer, I drafted our plea agreement offer
to the government.  The Government’s initial offer contained a commitment for cooperation that
was understood to include testimony and assistance to the government in any future investigation
or case.  I struck any language from the agreement that insisted on Dr. Al-Arian’s cooperation.
9. I, along with Ms. Moreno, met with government negotiators on numerous
occasions and on each occasion that I was present, it was made clear that there would be no
agreement if cooperation was being required of Dr. Al-Arian. 
10. Indeed, the amount of time that Dr. Al-Arian would likely have to serve was
lengthened due to his refusal to agree to the standard cooperation provision.

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11. This position on non-cooperation included Dr. Al-Arian’s refusal to provide any
information, whether sought by compulsion or not, on other individuals being investigated by the
United States government or by foreign governments including testimony to a grand jury
pursuant to a compulsion order. 
12. As a practicing criminal defense attorney for decades, there is (and was) no
question as to the meaning of cooperation.  When the government seeks an agreement on
cooperation, it obviously means potential testimony in future cases.  It was understood by all
attorneys in these meetings that we were talking about any and all cooperation, including
testimony.  Indeed, I expressly raised the IIIT investigation and Mr. Kromberg as one of the
reasons that we would not budge on this threshold issue in meeting that I had in Washington.
13. Dr. Al-Arian was aware that there were several other investigations taking place
in the United States of Muslim organizations.  He understood, that because his name recognition,
he might be otherwise called as a witness in come of those investigations.  We were all aware
that the search warrant and other material associated with the IIIT investigation expressly
mentioned Dr. Al-Arian.  It was the IIIT investigation that framed much of our discussions. 
14. Dr. Al-Arian made clear that he would never agree to a plea agreement that
contained any cooperation agreement. 
15. After the acquittals in Florida, Dr. Al-Arian was primarily motivated to plea to
spare his family further pain and expense.  The Florida trial had exhausted his resources. 
16. Dr. Al-Arian only agreed to the plea if he would have nothing to do with the
Justice Department after the plea and would be allowed to serve the time and be deported. 
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17. The government understood this to be Dr. Al-Arian’s stance and explicitly
discussed terms related to Dr. Al-Arian’s position on non-cooperation.  The government agreed
to this threshold demand and expressly agreed to waive any cooperation provision.
18. We conveyed the government’s assurance to Dr. Al-Arian that he would not be
expected to testify or cooperate in any investigation.  We showed him that the cooperation
provisions that are contained in the standard agreement, including the original draft of the Al-
Arian agreement, had been removed with the consent of the government.
19. The purpose of the plea agreement was to terminate all business between the
United States and Dr. Al-Arian.  The plea bargain was designed to be the end of Dr. Al-Arian’s
involvement with the U.S. government.  There were to be no grand jury subpoenas, no proffer
agreements, no further briefings or discussions.   The only thing left was for Dr. Al-Arian to be
deported.
20. Once plea negotiations commenced, we made clear to the government that we
wanted to bind all prosecuting authorities in the U.S. federal government to the plea agreement. 
We believed this was possible because the Justice Department was not only active in the
negotiations but was leading the negotiations on behalf of the government.
21. In my many years as a criminal defense attorney, I have never witnessed this type
of bait-and-switch of a client.  Before this case, it was understood that lawyers of good-faith
would fulfill their clear agreements. I was, therefore, shocked by the subpoena issued by the
Eastern District of Virginia and the Counter-Terrorism section of the U.S. Department of Justice,
which was actively involved in these negotiations.
22. In conclusion, the Justice Department, including the Counter-Terrorism section,
knew that Dr. Al-Arian signed this agreement on its express understanding that he would not be

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expected to testify in any existing or future cases and he only signed the agreement on the basis
of that understanding.
In conformity with 28 U.S.C. § 1746, I, William B. Moffitt, Esq., declare under penalty
of perjury that the foregoing is true and correct. Executed on February 19, 2009.
/s/
William B. Moffitt

Case 1:08-cr-00131-LMB     Document 95-2      Filed 02/19/2009     Page 6 of 6

Documents & Releases

Statement of Chairs of American Muslim Task-Force on Civil Rights and Elections  (AMT) and  Council on American-Islamic Relations (CAIR)

Howard Zinn Statement on Professor Al-Arian

SITE SEARCH

SPOTLIGHT

March 2000

December 2005alarian.jpg

January 2009

To be patriotic is to be able to question government policy in times of crisis.
To be patriotic is to stand up for the Bill of Rights and the Constitution in times of uncertainty and insecurity.
To be patriotic is to  speak up against the powerful in defense of the weak and the voiceless.
To be patriotic is to be willing to pay the price to preserve our freedoms, dignity, and rights.
To be patriotic is to
challenge the abuses of the PATRIOT Act.
From a speech by Dr. Al-Arian
9/1/2002

Biography---

UFF Summary: Al-Arian and USF

Poetry

Announcement of Book: The Al-Arian Reader

A new compilation of all relevant articles to be released soon by the National Liberty Fund

Selected Poems
by Sami Al-Arian

We Shall Rise

To Maya Angelou
Like the dream of the slave
You rise
And with the scream of the brave
I shall rise
In honoring the memory of your ancestors
You rise
With my stateless brothers and sisters
I shall rise
Like dust in the sunlight
You rise
And as ashes in a fiery night
I shall rise
You offend
Because of your existence
And I
For my resistance
You upset them
Recalling their past
And I
By holding steadfast
They may trod you in dirt
May cause me all the hurt
Inflict upon you excruciating pain
While they shut me up and detain
But they won't see you broken
Neither would my faith be forsaken
As you've never bowed your head
And never lowered your eyes
I'll continue to raise my fist
And hide my mother's cries
They may shoot you with their words
Cut me up with their swords
They may insult you with their eyes
Denigrate me with their lies
Trying to kill you with their hate
Bury me alive to seal my fate
But they'd certainly
Be shamed and fail
As the free chant and sing
On their march to prevail
So keep your head held high
As I follow you and try
And keep your beautiful smile
As I walk my first mile
They'll pressure and blame
Throw us in prison to control and tame
They'll exile and defame
Lynch us all or shoot and maim
Burn crosses with no shame
Target our children in a dirty game
But why is that a surprise?
Despite their evil and terror
Their falsehood and lies
You shall rise
And I shall rise
You're the black ocean
Leaping and wide
I'm the Mediterranean
With a stormy tide
Staying together
Side by side
It's no surprise
We shall rise
Surely shall rise
We together shall rise
No Longer Afraid
For us to feel "secure"
What price is being paid?
If living in freedom
Why are we afraid?
Fear is everywhere
All around
Perhaps irrational
But without any bound
You can see it on our faces
Sense it in our eyes
You can hear it in our whispers
Feel it in our cries
More>>No Longer Afraid
The Bird and The Vulture
The bird was chirping
In a house on a tree
But the vulture was angry
Because it was free
When the bird is singing
The vulture ain't safe
More>>The Bird and The Vulture
The Smile of Freedom
He looked like
A body-builder
Tall, tough, and full
All muscles and no fat
His mind was simple
Suited to follow orders
No questions asked
Acting mean and mechanical
Like any bureaucrat
More>>The Smile ...
In the Name of Freedom
In the name of freedom
We shall rule the world
To spread democracy
And set you free
In the name of freedom
We’ll descend on you
To make you civilized
Modern and orderly
More>>In the Name ...
The Accused: Franz Kafka Meets George Orwell in 21st Century America
Act I: The Mother of all Evidence
Act II- Weapons of Mass Deception
Act III: Silencing of the Lambs
Act IV: Attacks of the Wolves
Act V: Occupied Territory
Act VI: Police State
Act VII: Official Obituary
Act VIII: A Close Encounter of the Scariest Kind
Act IX: The Inquisition
Act X- Conspiracy Theory
Act XI- Secret Trials
Act XII- Silent Pain and Teary Eyes
Act XIII- True Patriot Acts
Do Not Sign
Rights are not for sale
History is not kind
On those who sell their people out,
Betray their cause,
Surrender their land
To tow the line
Do not sign
More>>Do Not Sign
Rachel Corrie: Daughter of Palestine
The most gentle
Amongst all honorable
Women
Had a spirit
As dazzling as
The garden of
Eden
More>>Daughter of Palestine
Ole Jerusalem
O Ole Jerusalem
I feel your pain
I hear your cries
The light thunder
In the darkness
And the heavy rain
I see the steady bleeding
Of your wound
With its mark and stain
More>>Ole Jerusalem
Patrick Henry
A revolutionary
At heart
A patriot
From the start
Loved by his country
To the core
Defended freedom
Even more
Hated arrogance
In shape and tone
Fought tyranny
With every bone
He was the conscience
Of his people
Striking fear in the enemy
And made it feeble
More>> Patrick Henry
Injustice
An overwhelming feeling
Of bitterness
Emptiness
Hopelessness
Helplessness
Sadness
Madness
Of hatred and rage
Trapped in a cage
Disappointment and anger
Continuing to linger
Wounding of dignity
Violating your virginity
More>> Injustice
Political Riddles
He sees the world as black and white
His solution to every quandary is fight with might
The economy will not stimulate
Because he can’t articulate
While jobs are gone
He says, “bring ‘em on.”
Who is he?
He likes to be called the General
The head of an agency that’s federal
If you spit on the sidewalk
He’ll send the Incredible Hulk
He hates to cite truth or fact
Because he’s busy promoting his unpatriotic act
He frequents TV cameras with a smash
The first part of his last name sounds like trash
Who is he?
He is the ideal dutiful poodle they say
From an empire where the sun did not set one day
He adores his cowboy friend and considers him a fan
And insists: I’m nobody’s yes-man
When the cowboy says no, I say no
Who is he?
More>>Political Riddles