January 22, 2007: Dr. Al-Arian is again summoned to testify before a second grand jury. After refusing to testify, he is once again placed under civil contempt-postponing his release for another 11 months. He begins a water-only hunger strike to protest his treatment, and the government’s abuse of power, as well as his continued incarceration for his refusal to testify before the grand jury. Friends of Human Rights and supporters around the world join him in his hunger strike.
February 13, 2007: Dr. Al-Arian collapses and is moved to a federal medical facility in Butner, NC.
March 22, 2007: At his family’s urging, Dr. Al-Arian ends the hunger strike after 60 days. He has lost 55 pounds (25 percent of his bodyweight), and has become confined to a wheel chair while in solitary confinement. When Dr. Melva Underbekke of Tampa, visited him in the prison hospital in North Carolina, she described him as a skeleton. She was convinced that the officials planned to let him starve to death.
October 16, 2007: Dr. Al-Arian is subpoenaed before the grand jury and again refuses to testify citing his plea agreement and pending appeal.
December 13, 2007: The Virginia judge lifts the civil contempt order-in place since January—after the expiration of the term of the second grand jury.
March 3, 2008: Upon being told that the government was about to call him again before a third grand jury, Dr. Al-Arian embarks on another hunger strike to protest continued government abuse. For the next 18 days he loses more than 25 pounds, as he takes neither food nor water.
March 20, 2008: Kromberg has Dr. Al-Arian brought from the medical facility in a highly weakened state in order to testify before a third grand jury, despite the fact that the prosecutors were told that he would refuse to testify. Dr. Al-Arian again refuses to testify citing his plea agreement, pending appeal and his weakened state. He continues his hunger strike on water only for the next five weeks.
April 11, 2008: His original sentence is finally completed, after it was suspended for one year because of the civil contempt sentence. Dr. Al-Arian is hence transferred into the custody of Immigration and Customs Enforcement (ICE). Instead of expeditiously deporting him as promised by the plea agreement, ICE keeps him detained indefinitely.
April 15, 2008: After being transferred to three different prisons in five days, Dr. Al-Arian is taken to a prison in rural Virginia. He is placed in a 24-hour lockdown and solitary confinement with virtually no access to telephone or visitation. He is placed on suicide watch, meaning his normal clothing, undergarments, glasses, pillow, and bed sheets are taken from him. Jail officials receive hundreds of telephone calls protesting this treatment before they remove some of these restrictions.
April 26, 2008: After 54 days, Dr. Al-Arian suspends his hunger strike in response to the appeal by his family, lawyers and supporters. He has lost 40 pounds and continues to suffer from a hernia for which the government has refused him treatment.
June 26, 2008: Kromberg indicts Dr. Al-Arian on two charges of criminal contempt for refusing to testify in the October 2007 and March 2008 appearances before the grand juries, even though Dr. Al-Arian provided two detailed affidavits regarding the issues on which they have sought his testimony. He has also repeatedly offered to undergo a polygraph examination to prove that he was telling the truth. A few days later on June 30, Dr. Al-Arian is transferred to the custody of the US Marshals to await trial on the criminal contempt charges. At the arraignment, a plea of not guilty is entered by the presiding judge.
July 10, 2008: Judge Leonie Brinkema of the Eastern District of Virginia orders Dr. Al-Arian released on bail. The government blocks his release, claiming that ICE must detain him while preparing to deport him.
August 8, 2008: Judge Brinkema postpones the criminal contempt trial pending a Supreme Court ruling on Dr. Al-Arian’s appeal challenging the government’s right to compel him to testify. She also cites concerns regarding the constitutionality of the immunity orders.
August 25, 2008: Dr. Al-Arian’s attorneys file a habeas petition demanding his release on bail. Judge Brinkema gives the government until September 2 to explain why it should keep him jailed.
September 2, 2008: ICE responds to judge Brinkema’s deadline by releasing Dr. Al-Arian from its custody. After 2020 days in prison, Dr. Al-Arian walks out of jail.
Out of jail, but not free. Currently, Dr. Al-Arian is under continuous GPS monitoring and house arrest, awaiting the next development – probably a trial for criminal contempt. If convicted, he could spend additional years in prison.
October 15, 2008: Several motions were filed by the defense including a selective prosecution motion since no other criminal contempt charges were filed in the EDVA in at least the last ten years. Another motion to dismiss the charges was also filed based on the invalidity of the immunity orders where prosecutor Kromberg had additional language and crimes not exempted nor approved by congress. The Supreme Court denies consideration of appeal of 11th circuit decision on October 7, 2008.
January 16, 2009: Judge Brinkema denies the defense motions, but allows advice of counsel defense. A trial date of March 9 is set.
February 5, 20 and March 9, 2009: Judge Brinkema grants defense discovery motion, but government refuses to comply. Judge Brinkema questions the government’s conduct in light of the new evidence regarding the government’s deceit during plea negotiations, and says that “the integrity of the justice departnment” was at stake. Trial is postponed while the judge orders the government to turn over evidence in 3 separate hearings. However, the government repeatedly defies the judge. Judge allows the defense to file a motion for dismissal. A hearing to consider this motion is set for April 24th.
April 23, 2009: Judge Brinkema cancels the hearing scheduled for the following day on 4/24. She said in her order that she would issue her ruling regarding the motion to dismiss in writing.
October 28, 2010: Judge Brinkema cancels another hearing scheduled for the following day on 10/29. She subsequently reiterated in her order that she is writing an opinion regarding the motion to dismiss.
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