Dec. 16, 2005
South Florida Sun-Sentinel
By Parvez Ahmed
Former Attorney General John Ashcroft once hailed the arrest of Sami Al-Arian as “a milestone in the war on terror.” Last week, 12 ordinary Americans, none of whom shared the former University of South Florida professor’s religion or ethnic origin found no evidence to back up that claim, declaring Al-Arian not guilty on eight charges, including conspiring to commit murder abroad, money laundering and obstruction of justice.

The overwhelming majority of jurors wanted to acquit Al-Arian of all charges, but were blocked by a couple of hold-outs. “Of course, we hate terrorism,” said one juror. “But the evidence making these guys terrorists just wasn’t there.”

This verdict means a lot to the American Muslim community and should mean a lot to our fellow Americans. The jurors sent a clear message that, even in the post 9-11 era and despite rising Islamophobia, Americans can be fair and are not ready to shred the Constitution.

Benjamin Franklin’s warning, that those who seek temporary safety by giving up their liberties deserve neither safety nor liberty, may ring hollow in the halls of power, but were clearly understood by the jurors.

The Al-Arian verdict is not a loss in the war on terror. It is a victory for the American judiciary and for common sense. One does not have to share Al-Arian’s sometimes controversial views to support his, and every American’s, right to hold opinions not shared by the majority.

The real loser in this saga may be fear. It was fear that led to the passage of the Patriot Act that was used by the prosecution to develop its case against Al-Arian. It is fear that is preventing Congress from reforming the Patriot Act, despite the fact that the Justice Department has yet to demonstrate how the act’s more controversial features actually help in nabbing terrorists.

Millions of Americans in nearly 400 cities and four states have supported resolutions denouncing several controversial provisions of this act, such as Sections 213, 215, 411, 505, 802 and 805.

Al-Arian’s trial was a test for the Patriot Act and relied on information gathered under the Foreign Intelligence Surveillance Act, using those less restrictive standards for searches and surveillance.

Since Al-Arian’s arrest, many American Muslims feared for their freedoms. They feared to donate money to legitimate charities and they feared to associate with other Muslims. It is our hope that the Al-Arian verdict inspires all Americans to overcome those fears.

But the Al-Arian saga is not over. The government may retry him on the charges for which the jury could not reach a decision. He may also face deportation, although it is not clear for what reasons.

In welcoming the verdict, Agha Saeed, speaking for a coalition of 11 major Muslim organizations, said: “The verdict in this case could have a global impact on winning the hearts and minds of Muslims by demonstrating that America is a nation in which the judiciary can be independent of political pressures, and citizens serving on juries can reach a verdict based on the evidence, not on fear or prejudice.”

The Justice Department should respect this sentiment and the verdict reached by Al-Arian’s peers by releasing him so that he may resume a normal life, or as close to normal as possible after such an ordeal.

Al-Arian joins the ranks of other Muslims who have been wrongly accused of being terrorists.

Where can former Army chaplain and West Point graduate James Yee go to regain his reputation after being falsely accused of treason?

Where might Oregon attorney Brandon Mayfield reclaim his good name after being falsely linked by the FBI to the Madrid train bombings?

How does Sami Al-Hussayen resume a normal life with his family after being found not guilty of “aiding terrorists”?

Reuniting Al-Arian with his family will give America the credibility to advocate for the right to free speech and free association in nations that lack such freedoms. Vengeful or vindictive actions, such as deporting or retrying Al-Arian, will only serve to reinforce anti-American stereotypes.

Freedom is not about waving a flag, but about upholding the principles of freedom and justice for which that flag is a symbol.

Parvez Ahmed, Ph.D., is board chairman of the Council on American-Islamic Relations, the nation’s largest Muslim civil rights and advocacy group. E-mail: pahmed@cair-net.org.