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USA vs Al-Arian
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Linda Moreno Declaration on Plea Deal

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION


UNITED STATES OF AMERICA     
Case No. 1:08-cr-131
v.
SAMI AMIN AL-ARIAN



SUPPLEMENTAL DECLARATION OF LINDA MORENO, ESQ.


I, Linda Moreno, pursuant to 28 U.S.C. § 1746, declare as follows:


1. I am an attorney, duly licensed to practice in the state of Florida and its Middle
District, and I was co-counsel with William Moffitt, Esq. in the criminal
proceedings in Florida in the matter of United States vs. Sami Amin Al-Arian,
Case No. 8:03-cr-77. 
2. This Declaration is meant to supplement my Declaration of October 25, 2006 that
I wrote for the above referenced Florida proceeding. 
3. I write this Declaration to more specifically address the issue of “cooperation,”
our understanding and our client’s understanding of “cooperation,” and our plea
negotiations with the government on behalf of Dr. Al-Arian as it related to
“cooperation.”
4.  Without a doubt, Dr. Al-Arian knew and understood the concept of “cooperation”
to include, among other things, testimony before any future grand jury because
both Mr. Moffitt and I fully explained it to him in this manner. As a criminal


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defense attorney for nearly 30 years, I have customarily explained the issue of
“cooperation” to include, among other things, grand jury testimony to numerous
clients and, without question, explained the same to Dr. Al-Arian.
5.  Without doubt,  Dr. Al-Arian understood and rejected any notion of cooperation,
especially testifying before any future grand jury,  because of its potential harm to
him in two significant ways: 
1) Such cooperation posed a potential danger to his life. This was specifically
discussed as it related to Dr. Al-Arian’s uncertain future in the unknown
country to which he would be deported. A reputation as a cooperating
witness for the United States government would have branded Dr. Al-
Arian, in some dangerous circles, as a “snitch” and could have subjected
him to violence or worse. 
2) And such cooperation would inevitably delay the expedited deportation
that the government promised, and which was specifically bargained for in
the plea agreement.  In fact, Dr. Al-Arian’s attorneys, led by Simon
Gaugush, met with Department of Homeland Security officials to discuss
deportation issues and release dates in an effort to confirm that Dr. Al-
Arian would be deported in the weeks after entering his plea.  Expedited
deportation was critical to the plea agreement, and the government
acknowledged that when they agreed to assist in a speedy, uncomplicated
process of deportation.1

1 It should also be noted here that Dr. Al-Arian considered the impact of any plea
agreement on his devoted family, which included his five children.  During the 6 month

trial and the subsequent plea negotiations, two of his youngest children were sent out of

the country to live with family members for their own well being (one child is still living
out of the country).  An expedited deportation would insure Dr. Al-Arian’s speedy
reunification with his loved ones. And his rejection of any cooperation provision would
also insure his safe return to his family, avoiding any potential threats from persons who
might feel betrayed by such cooperation.


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6. On April 6, 2005, before trial and upon our request, Mr. Moffitt and I met with
Assistant United States Attorneys Terry Zitek, Cherie Krigsman and Walter Furr
to discuss any potential plea agreement.
7. At that meeting, AUSA Furr suggested that the government was looking for
“100% cooperation” because, as he suggested, Dr. Al-Arian was “connected.”  In
fact, Mr. Furr mentioned the witness protection program as a possible scenario for
Dr. Al-Arian and his family.  Mr. Moffitt immediately made it clear to the
government that any successful plea agreement could not include any cooperation
provision. He specifically explained that the only acceptable plea agreement
would have to end all business between Dr. Al-Arian and the government.  Grand
jury testimony would prolong, indefinitely and dangerously, further business with
the government; this was clearly unacceptable and Mr. Moffitt was unambiguous
about it.  
8. Thus, even before Dr. Al-Arian’s successes in his first trial, when his exposure if
convicted was life in prison, the issue of cooperation, including testifying before a
grand jury, was never acceptable. Understandably, after the government lost the
first trial, when the defense was in a much stronger position to negotiate a
favorable plea disposition, cooperation was immediately rejected. 
9. Over the initial two and a half years of Dr. Al-Arian’s pretrial incarceration, I
personally visited him in the local Tampa jails and at USP Coleman over 150


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times.  We had lengthy discussions over all aspects of his case, his trial, and
possible sentencing scenarios.  I knew Dr. Al-Arian to be someone of profound
personal faith, deeply committed to the cause of Palestinians under the Israeli
occupation.  I understood that the notion of testifying before a grand jury against
other Palestinians would be morally repugnant to Dr. Al-Arian, even if it meant
his freedom. Mr. Moffitt and I had no doubt that Dr. Al-Arian would never agree
to cooperate with the government in any manner, including grand jury
investigations. 
10.  As I stated in my original Declaration, we wanted to bind the United States as a
sovereign to the plea agreement.  It was manifestly clear to the government
lawyers in Tampa, and the Counter-Terrorism section of the U.S. Department of
Justice, that Dr. Al-Arian understood and signed the plea agreement believing he
would never have to testify in any existing and  future cases. 
11. In late May 2006,  I received the phone call from AUSA Krigsman where she
explained that Dr. Al-Arian would be subpoenaed before the Eastern District of
Virginia grand jury, I expressed my shock and disappointment over such an
egregious violation to our agreement, signed only a few weeks previously.  In an
apologetic tone, Ms. Krigsman asserted that she had been unaware of the
subpoena prior to that point.  Contrary to Mr. Kromberg’s new position, AUSA
Krigsman never asserted that her understanding was that the plea agreement (that
she negotiated) left open the issue of Dr. Al-Arian’s cooperation as a grand jury
witness.


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12. Since Mr. Moffitt and I negotiated the terms and conditions of this plea agreement
with the Justice Department, I have watched, in horror, Mr. Kromberg manipulate
and pervert its meaning to this Honorable Court. As a defense attorney, my sense
of confidence in dealing with the Department of Justice has been undermined by
the blind eye that the AUSA of the Eastern District of Virginia has turned to our
honestly brokered negotiations in the Middle District of Florida.  The Justice
Department should not be able to negotiate plea agreements in one jurisdiction
and then ignore them in another.

In conformity with 28 U.S.C. § 1746, I, Linda Moreno, Esq. declare under penalty
of perjury that the foregoing is true and correct.
Executed on February 17, 2009.

/s/ Linda Moreno
Linda Moreno


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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