Brief Background of the Case
Statement to Supporters
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USA vs Al-Arian
National Liberty Fund (NLF)

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A Moment of Truth in Dr. Al-Arian's Case (4/17)

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Moment of Truth in Dr. Al-Arian's Case
Judge to definitely decide whether to let trial go forward or to have charges dropped altogether

Al-Arian Hanzala
Alexandria, VA - April 17, 2009
- On Monday, Dr. Sami Al-Arian's attorneys filed in federal court a motion replying to the government's brief which opposes Dr. Al-Arian's original motion (filed three weeks ago) to have the criminal contempt charges against him dismissed.
Prosecutors seem to hope that sheer repetition will be the key to prevailing in this legal dispute. In their opposition motion, they had nothing new to say that had not already been stated in their last four filings and three hearings.

Judge Leonie Brinkema has already rejected at least four requests asking her to reverse her decision compelling the government to present evidence related to the 2006 plea negotiations. Despite this, the government has repeatedly refused to submit a single sworn statement or declaration.

Instead, even in the face of a motion to dismiss, the government has refused to address the facts of the plea negotiations, a deliberate exclusion which, according to the judge, leaves a "very significant cloud over this criminal prosecution."

In their motion, prosecutors essentially told the judge that they would rather face a dismissal than address the facts surrounding the plea negotiations. Should the charges be dismissed, the government will be required to finally fulfill its promise to end Dr. Al-Arian's case - albeit after extending his confinement by almost three years beyond the agreed sentence.

In response, the defense has filed a motion arguing that the un-rebutted declarations of Dr. Al-Arian and his trial attorneys, Bill Moffitt and Linda Moreno, constitute conclusive evidence of government overreach. The Supreme Court has determined that when the government breaks its promise in plea deal negotiations, such violation requires an appropriate response, such as dismissal of the case or withdrawal of the plea.

The defense motion also states that even if the case goes to trial, the government must still prove Dr. Al-Arian had acted willfully. But "because Dr. Al-Arian believed his plea agreement relieved him from testifying before the grand jury, his conduct before the grand jury did not constitute a willful violation" of the judge's orders.

The motion further states that the law on this matter is clear: "To support a conviction of criminal contempt for violation of a court order, the government must prove beyond a reasonable doubt that a person willfully, contumaciously, intentionally, with a wrongful state of mind, violated a decree which was definite, clear, specific, and left no doubt or uncertainty in the minds of those to whom it was addressed." Given the fact that the government has completely failed to provide the court with any evidence that refutes the affidavits provided by the defense, the motion has called for a dismissal of the charges.

Finally, the motion concludes that if the government can simply refuse to supply the information requested by the judge and still prosecute an individual, then the criminal justice system as a whole offers little constitutional protection. In so arguing, the government has left the court with the prospect of creating a precedent to fulfill the very dangers that the judge has warned of in prior hearings. Judge Brinkema had previously stated that: "I think the integrity of the Justice Department and the integrity of the criminal justice plea bargaining process is too significant to just let it die on the vine given the nature of the record before this Court."

Let us hope that justice will soon be served.

Dr. Al-Arian is being represented by a distinguished legal team led by George Washington Law professor Jonathan Turley, and including Will Olson and P.J. Meitl of Bryan Cave.

Alexandria Courthouse

Friday Hearing!

Next Friday, Judge Brinkema is expected to definitively rule whether Dr. Al-Arian should stand trial, or whether the charges against him should be dropped altogether. There have been several hearings in the past few months, but this is the most important so far.
(
Click here to RSVP via Facebook) The courthouse (address below) is within walking distance from the King Street Station (Blue and Yellow Lines). Click here for metro schedules and maps. Click here for Google Maps for directions to the courthouse.
WHAT: Hearing to Dismiss Dr. Sami Al-Arian's Case

WHEN: Friday, April 24, 2009 at 8:30 a.m. (hearing begins at 9 sharp)

WHERE: Albert V. Bryan U.S. Courthouse
401 Courthouse Square, Alexandria, VA 22314

Hope to see you there!!

- END-


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