The Tampa Tribune
July 26, 2003
By Elaine Silvestrini
TAMPA – After warning Sami Al-Arian he was a “fool” for wanting to represent himself on charges of supporting terrorism, a federal judge Friday bowed to the defendant’s demand and discharged two court- appointed lawyers from the case. “I believe I would be my best defense,” Al-Arian told U.S. Magistrate Thomas B. McCoun III.

Al-Arian is scheduled to go on trial, along with four co-defendants, in January 2005 on charges including racketeering, conspiracy and providing material support to the Palestinian Islamic Jihad.

By serving as his own attorney, Al-Arian creates a labyrinth of legal issues, including how he will defend himself when much of the evidence against him is classified information he will not be allowed to see.

The former University of South Florida computer science professor had filed a motion citing “irreconcilable differences” with his court- appointed attorneys, Frank Louderback and Jeffrey G. Brown, asking to represent himself until supporters raise the money to pay a team of Washington lawyers.

“My understanding is that there is a substantial effort taking place, and hopefully it’s going to happen in the near future,” Al-Arian said, referring to the possibility of hiring the private lawyers.

But McCoun told Al-Arian he could assert his right to represent himself only if he was prepared to see it all the way through. He warned Al-Arian not to bank on the idea that the money will be found.

“The fact of the matter is Mr. Green hasn’t shown up,” McCoun said, referring to money Al-Arian will need.

`A Huge Concern’

Al-Arian was unmoved by warnings about the obstacles before him. Louderback and Brown strongly resisted a court order directing them to apply for security clearance, partly because they didn’t want access to evidence they couldn’t share with Al-Arian.

But McCoun told Al-Arian that if he represents himself, no one on his behalf will be able to view any of the classified evidence.

“It should be a huge concern to you in your defense,” McCoun said.

“I believe that’s a constitutional issue that will be argued before this court and before the appellate court,” Al-Arian responded.

After all, Al-Arian said, most of the classified evidence involves wiretap recordings of his telephone conversations. He wasn’t seeking access to anything other than the sound of his own voice, he said.

McCoun spent the better part of an hour quizzing Al-Arian about his lack of knowledge regarding federal laws and court rules. The judge told Al- Arian that by electing to represent himself, he is giving up any right to appeal his case based on his legal representation. “You won’t be able to complain about it later in this court, nor will you be allowed to complain about it later in an appellate court,” he said.

The judge said a number of motions Al-Arian has previously attempted to file with the court were not accepted because they didn’t comply with local court rules.

McCoun also said Al-Arian has complained about the conditions under which he is being held at Coleman Federal Correctional Complex. Al- Arian has protested issues including his access to the law library and the pencils he has been given, McCoun said, warning Al-Arian none of this would change if he represents himself.

“If people put restraints on me and say, `You can’t exercise your constitutional rights,’ that’s something for the court to address,” Al-Arian said. “My self-representation is a constitutional right.”

“It certainly is,” McCoun responded, “and you could waive it.”

Using Self As Resource

Moreover, the judge said, it will be physically impossible for Al- Arian, while being held in the maximum-security unit of the prison in solitary confinement, to investigate his case the way lawyers could.

But Al-Arian insisted, saying in addition to his doctorate in computer science, he has attended and helped organize legal seminars on some of the issues raised by this case. He said he has also worked with the American Civil Liberties Union on some issues.

“I’ve read almost every case in the country that involves some of these crimes,” Al-Arian said, calling himself “a quick study.”

Although he admitted he is not versed in racketeering and conspiracy laws, federal sentencing guidelines or court rules, Al-Arian said he was confident he could learn. He also said he would seek legal advice, if needed.

“I understand the risks,” he said.

After the hearing, Louderback and Brown said they wish Al-Arian the best of luck. Brown said Al-Arian told him this was “nothing personal.”

Louderback, for one, said he was glad to be off the case. “I haven’t been this relieved in a long time,” he said. “How do I spell relief? S-A-M-I.”

Reporter Elaine Silvestrini can be reached at (813) 259-7837.