Dec. 9, 2005
Miami Herald
Editorial: Of free speech and independent juries
OUR OPINION: VERDICT IN AL-ARIAN CASE A VICTORY FOR RULE OF LAW
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The not-guilty verdict this week for former college professor Sami Al-Arian was a personal victory for him — but it was a much larger victory for free speech and the U.S. legal system. Simply put, Mr. Al-Arian’s acquittal on eight of 17 terrorism-related charges against him affirms the essential role of the jury system in U.S. jurisprudence.

Counterweight to power

A conscientious jury that listens attentively to witnesses and carefully weighs evidence acts as an independent arbiter that can be an effective counterweight to a misguided prosecution or the unrestrained power of government. Consider, for example, what happened in this case:

• The government investigated Mr. Al-Arian and his brother-in-law Mazen Al-Najjar for more than a decade, believing that their support of Palestinians was linked to murder and terrorism. They jailed Mr. Al-Arian for 33 months awaiting trial; and Mr. Al-Najjar was held for more than three years on secret evidence and without charge. Finally, Mr. Al-Najjar was deported after an immigration judge found that there was no evidence that linked him to terrorism.

• FBI agents recorded hundreds of Mr. Al-Arian’s phone calls, intercepted his faxes and raided his home. At trial, the government produced 80 witnesses and presented 1,800 pieces of evidence, including wiretap transcripts, e-mails and faxes. The jury said none of it directly tied Mr. Al-Arian to terrorism.

• The government used the expanded powers of the Patriot Act, which allowed secret wiretaps, surveillance and other intelligence-gathering techniques.

Mr. Al-Arian’s lawyers responded by calling no witnesses and producing a single document in defense — the U.S. Constitution, which, among other things, guarantees the right of free speech. In the end, the 12-member jury from an area known for its conservatism said that none of the government’s evidence amounted to a smoking gun.

Trump card

So they acquitted Mr. Al-Arian of the most serious charges and deadlocked on the others. Not to be forgotten, the jury also acquitted two other Palestinian activists of all charges and acquitted a fourth defendant on 25 charges while deadlocking on eight other charges. Despite the verdict, the federal government still holds a trump card. It can deport Mr. Al-Arian, who, like his brother-in-law, had been a professor for nearly 20 years at the University of South Florida.

Whatever is Mr. Al-Arian’s ultimate fate, this case stands as an example of what is good and right about America, a nation where the rule of law is supreme and where ordinary citizens call the shots. In today’s climate in which the fight against terrorism can be all-consuming, this is an important message to remember.