Judge Allows Defense to File Motion to Dismiss
Says Justice Department’s Integrity at Stake
 March 9, 2009 – Alexandria, VA – Judge Leonie Brinkema ruled in favor of a defense request to file a motion to dismiss the charges against Dr. Sami Al-Arian at a hearing in federal court today. Her decision follows new revelations that prosecutors in Florida were opposed to efforts by a Virginia prosecutor to call Dr. Al-Arian to testify in another case. The judge’s important decision raises the possibility that Dr. Al-Arian’s ordeal could be resolved and that he can finally regain his freedom after six years of grueling legal battles.
During the hearing earlier today, Assistant U.S. Attorney Gordon Kromberg argued for the fourth time that the entire issue of the 2006 plea agreement is irrelevant to the criminal contempt charges. The judge has repeatedly rejected that argument, reaffirming on Monday that the “record is incomplete” and that the government’s response poses more questions than answers. Judge Brinkema stated that there was “enough smoke” in the facts of the case that needed to be cleared up.
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By the end of the hearing, the judge said she was granting the defense’s request to file for a complete dismissal of the charges because “the integrity of the Justice Department cannot be compromised.”
The judge began the hearing by asking Kromberg how he became aware of the plea agreement on March 1, 2006, despite the fact that it was filed under seal in Florida the previous day, and was only known to the parties involved. Evading the question, the prosecutor simply stated that he was able to call Dr. Al-Arian to testify once the Florida judge imposed the maximum sentence, a move that extended his imprisonment by eleven months. Judge Brinkema agreed with lead defense counsel Jonathan Turley that the plea agreement could not be breached by the government simply because Dr. Al-Arian received a longer sentence.
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Tampa Bay Coalition for Justice and Peace
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