Associated Press/ABC28/BayNews9
Jan. 14, 2005
I. Al-Arian Attorneys: Evidence was destroyed
II. Al-Arian attorneys point finger at U.S. government
III.Al-Arian supporters rally on his behalf

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I. Al-Arian: Evidence was destroyed

Defense attorneys say evidence discarded during decades of
surveillance would have supported their case.

TAMPA, Fla.

A former professor facing charges he financed a terrorist group said
Friday evidence showing his political connections on Capitol Hill
and proving he was a political activist, not a terrorist, was
destroyed by the government.

Attorneys for Sami Al-Arian are also arguing that charges should be
dismissed because the government took so long in indicting the
former University of South Florida professor, who was under
investigation by the FBI’s foreign intelligence agents for two
decades before he was arrested in 2003 on criminal charges.

The attorneys said it’s unfair to expect them to build a defense
when memories of events and records crucial to defend against the
charges are no longer available.

Defense attorney William Moffitt asked that a hearing be held in
which government agents would be forced to explain how they handled
the case. U.S. Magistrate Judge Thomas McCoun did not immediately
rule on the request.

Moffitt said that if Al-Arian truly was leader of the terrorism
group which was plotting deadly attacks against Israel, he should
have been arrested years earlier. Al-Arian was not arrested on
racketeering charges until February 2003.

“I would say that responsible law enforcement would not allow a
terrorist to run around for 21 years and I don’t think these people
are irresponsible,” Moffitt said.

…Among the missing evidence are recordings of at least five
telephone conversations AL-Arian had with the FBI in which agents
sought information from Al-Arian, Moffitt said. The earliest contact
came in 1985, about the time foreign intelligence agents put Al-
Arian under surveillance.

Federal prosecutors argued that none of the defense’s assertions are
reason to dismiss any of the racketeering charges. Assistant U.S.
Attorney Terry Zitek said as far as the argument that prosecutors
waited too long to bring charges, some of the allegations against
the group occurred as late as 2002.

“This conspiracy was still in operation as late as two months before
the charges were filed,” Zitek said.

As for missing evidence in the case, Zitek said the FBI properly
retained what it believed to be pertinent information in the case,
and throw out conversations that are not relevant. That’s exactly
what is supposed to happen when the government taps people’s
telephones, he said.

Al-Arian’s attorneys are building a defense around assertions that
Al-Arian was no terrorist, but an activist working within the system
to educate Americans about the plight of the Palestinian people.
Federal prosecutors contend that he used an academic think tank he
founded and an Islamic charity as fronts to raise money for Islamic
Jihad.

Moffitt earlier raised the issue of missing evidence linking Sami Al-
Arian to powerful people in Washington, and said there were repeated
contacts between the professor and the White House and Capitol Hill
that now can’t be found in thousands of intercepted telephone calls
and faxes the government obtained during years of wiretaps on Al-
Arian’s telephones.

“There should be evidence of Dr. Al-Arian’s political activities and
it’s not there,” Moffitt said.

The government has told Moffitt that faxes and conversations that
were not “pertinent” to their investigation were not recorded nor
retained. Much of the evidence against Al-Arian was gathered by
foreign intelligence agents and only applied to the criminal
investigation after the 2001 passage of the Patriot Act, the post-
Sept. 11 law that made it easier for the government to prosecute
suspected terrorists.

Moffitt argued the problems in the Al-Arian case show a fundamental
flaw in the Patriot Act – evidence that wouldn’t have been
considered pertinent for intelligence matters are very much needed
when trying to defend someone against criminal charges.

——–

II. Al-Arian attorneys point finger at U.S. government

ABC 28
http://www.wfts.com/stories/2005/01/050114alarian.shtml

TAMPA – Attorneys for Sami Al-Arian want to know why it took nearly
20 years for the Justice Department to indict the man on terrorism
charges. The lawyers told a federal magistrate on Friday that the
evidence the government is offering as proof doesn’t add up.

“It’s non-sensical, all right,” attorney Bruce Moffitt
insisted. “They’re not only claiming that Dr. Al-Arian was a
terrorist, they’re claiming that he was involved in killing people.
But they’re also claiming that they waited 20 years to prosecute
him.”

Moffitt argued before a federal magistrate it doesn’t make sense for
the government to claim Sami Al-Arian was tied to Palestinian
Islamic Jihad for two decades, yet they did nothing to stop him.

“One would assume that either the government was irresponsible in
not stopping this behavior, or it’s a little bit of an exaggeration
to suggest that Dr. Al-Arian was involved in any of this kind of
stuff,” Moffitt continued…

Outside the courthouse, protesters gathered to mark Al-Arian’s
second birthday in solitary confinement, even though he has not been
convicted of a crime — a crime the federal government alleges began
more than 20 years ago.

Federal prosecutors would not comment on-camera. In court, their
response was that while the investigation started in 1984, it didn’t
end until two years ago; that’s when they indicted Sami Al-Arian.

Al-Arian’s attorneys also argued the government destroyed so much
evidence in the decades-long investigation that it may be impossible
for the man to get a fair trial.

——–

III. Al-Arian supporters rally on his behalf
http://www.baynews9.com/content/36/2005/1/14/68295.html

There was a pre-trial hearing in Tampa Friday for former University
of South Florida professor Sami Al-Arian, who is facing federal
terrorism charges.

Al-Arian is charged with leading the Palestinian Islamic Jihad, a
terrorist organization. He is scheduled to go on trial in April.

Following the hearing, supporters held a rally for the imprisoned Al-
Arian. They maintain his rights are being violated at the Coleman
Correctional Facility.

“He is not allowed to mingle with the other prisoners,” said Al-
Arian supporter James Christison. “During lockdown, there is no
human contact for him for weeks at a time. If he is denied all human
contact for long periods of time, that psychological or spiritual
damage will be done to this man who has not been found guilty of
anything.”

Al-Arian turned 47 Friday.