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Supreme Court Will Not Address Dr. Al-Arian’s Appeal
Defense attorneys will now pursue second avenue to avert trial

Supreme Court

Washington, DC – October 7, 2008 – Yesterday, the Supreme Court of the United States denied certiorari for Dr. Sami Al-Arian’s petition regarding the plea agreement he concluded with the government more than two years ago. While this development is unfortunate, it should nevertheless be borne in mind that out of more than 2,000 cases, the Supreme Court has only agreed to accept ten cases during the current term.

Dr. Al-Arian has steadfastly maintained that the terms of his plea agreement exempt him from having to testify before any federal grand jury. On June 26th, government prosecutors charged Dr. Al-Arian with criminal contempt for refusing to testify in a federal grand jury investigating a Virginia-based Islamic think-tank. Although the trial was originally scheduled for August 13th, Judge Leonie Brinkema of the Eastern District of Virginia had the trial postponed until the Supreme Court addressed Dr. Al-Arian’s appeal.  

Judge Brinkema Dr. Al-Arian’s legal team will argue before the judge in the next pre-trial hearing that the immunity order for the federal grand jury in which Dr. Al-Arian did not testify was invalid, and therefore, the criminal contempt charges should be dismissed.

In a move considered unprecedented by various legal experts, Assistant US Attorney Gordon Kromberg had modified the Congressionally-mandated wording of the immunity order. Kromberg maintains that he was attempting to improve on the language of the immunity order, while Dr. Al-Arian’s attorneys Professor Jonathan Turley from George Washington University, and Will Olson and PJ Meitl of Bryan Cave, argue that this move is completely unconstitutional. For her part, the Judge has said that the prosecutor’s action “has taken this case into uncharted waters” and has accordingly asked both sides to submit the relevant briefs for her consideration.

It is expected that a pre-trial hearing will be held on this very issue later this month. More updates will be sent out in the near future with more information on how to help.

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