Caution Issued to ICE Officials – Refusal to Abide by Court Order Triggers Deportation Provision of Plea Agreement
By Aishah Schwartz
WASHINGTON, D.C. (MASNET & News Services) July 11, 2008 – MAS Freedom (MASF), the civic and human rights advocacy entity of the Muslim American Society (MAS), rejoices with the family of Dr. Sami Al-Arian on announcement of the news that Virginia’s U.S. Eastern District Court Judge Leonie Brinkema, has delivered a court order, dated July 10, 2008, outlining terms for his long awaited release on bond.
Thursday’s ruling stipulates that the U.S. Marshal release Dr. Al-Arian as soon as monitoring equipment arrives and bond is posted. Dr. Al-Arian would, thereafter, remain under house arrest until the pending August 13 trial date in the government’s most recent attempt to convict him on allegations of criminal contempt for refusing to testify before a grand jury.
The Washington Post also reported, however, that, while the court has ordered Dr. Al-Arian’s release, Judge Brinkema included in her comments that she could not order Immigration and Customs Enforcement (ICE) officials to cooperate.
Prosecution counsel Gordon Kromberg, has already suggested that the government may block the court’s order by requesting that ICE hold Dr. Al-Arian for deportation – despite the fact that, as defense attorney Jonathan Turley stated, “the government has held Dr. Al-Arian for years (he is now in his 1,967th day of incarceration), under a criminal sentence rather than deport[ing] him,” as stipulated in a previously entered plea agreement setting out terms for his deportation effective April 11, 2008.
Instead, on March 3, 2008, a federal judge ordered Dr. Al-Arian to testify before yet a third grand jury, where, on March 20, 2008, he refused to testify for two reasons: (1) the plea agreement he concluded with government prosecutors in 2006 clearly and unambiguously exempts him from having to testify, and, (2) the government attorney seeking his testimony, Gordon Kromberg, as stated by John Halliwell in his July 1, 2008 article, “Indicted, Sami Al-Arian Faces Possible Life Imprisonment”, “is a blatant Islamophobe whose contempt of Muslims is surpassed only by his contempt for the rule of law” – evidenced by Kromberg’s comments outlined in the article, “The Affable Despot”, wherein Kromberg publicly claimed his right to use ‘other means’ to ‘punish’ people he cannot convict of any real crime in a court of law.
In any event, according to Turley, Judge Brinkema asserted that, “any resumption of custody by ICE would trigger the [plea agreement's] deportation provision,” which would set the clock ticking on the deadline by which Dr. Al-Arian must be deported.
Kromberg doggedly contented in his opposition to Al-Arian’s release, that, “Al-Arian is a man without a country and no country is willing to accept [him].”
Turley countered that Kromberg had been personally informed weeks prior to Thursday’s hearing, that the Egyptian government had already delivered a letter to the U.S. government acknowledging it would accept Dr. Al-Arian, adding that the Palestinians had also extended an offer to accept him.
In further support of his client, Turley advised the court, “Dr. Al-Arian is an international scholar who would not abandon his children or [as clearly demonstrated throughout this case], his principles, to become a fugitive,” suggesting, in conclusion, that the government was exercising ‘willful blindness’ in its continued refusal to obligate itself to the plea agreement outlining Dr. Al-Arian’s deportation.
Judge Brinkema reportedly asserted that she was getting ’strange signals’ in the matter, and further warned that she did not want to learn that the U.S. government had attempted to impede any efforts on behalf of other governments (i.e., Egypt), willing to or having offered to accept Dr. Al-Arian on deportation.
In a statement released late Thursday evening, Tampa Bay Coalition for Justice and Peace officials stated, “What was crucial in convincing the judge to grant Dr. Al-Arian’s release on bail was the heartfelt and beautifully articulated letters sent in by dozens of friends and acquaintances of the Al-Arian family. We would like to express our sincere appreciation to everyone who took the time to write those letters, and to those of you who have continued to support Dr. Al-Arian and his family in these critical times. Your support DOES make a difference.”
Dr. Al-Arian posted his entire retirement savings, $340,000, toward the bond, which Judge Brinkema allowed to stand as sufficient in amount, waiving the selfless act of an undisclosed friend who also reportedly offered to post his own home on Dr. Al-Arian’s behalf.
In addition to his son, Abdullah, Dr. Al-Arian’s children, Laila and Ali, and a number of steadfast family supporters, including four Washington Report staff members, were also in attendance at the bond hearing.
Al-Arian himself reportedly appeared gaunt and exhausted – no doubt attributable to the fact that, in addition to various other health related issues, Judge Brinkema also learned that the U.S. government had refused to allow surgical correction of a hernia Dr. Al-Arian had been suffering from, despite the fact that his family had offered to pay for the procedure.
After 12 years of surveillance and a lengthy trial in his home town of Tampa, Florida—Dr. Al-Arian has yet to be convicted of a single charge brought against him. “We have been advocating for the release of Dr. Al-Arian throughout his ordeal and will not rest until justice is served,” stated MAS Freedom Executive Director, Mahdi Bray.
To learn more about how you can continue to support Dr. Al-Arian and his family please visit http://www.freesaminow.com.
————————————————————-
MAS Freedom (MASF) is a civic and human rights advocacy entity and sister organization of the Muslim American Society (MAS), the largest Muslim, grassroots, charitable, religious, social, cultural, civic and educational organization in America – with 55 chapters in 35 states. Learn more here – to donate click here.
————————————————————-
MAS Freedom
1325 G Street NW, Suite 500
Washington DC 20005
Phone: (202) 552-7414
Toll Free: 1-(888)-627-8471
Fax: (703) 998-6526
MASF on the Web
Contact MASF by Email
