Tampa Bay Coalition for Justice and Peace

January 24, 2006

I. St. Petersburg Times, ACLU urges no retrial of Al-Arian
II. Text of ACLU letter

I. ACLU urges no retrial of Al-Arian
www.sptimes.com/2006/01/24/Tampabay/ACLU_urges_no_retrial.shtml

By MEG LAUGHLIN

TAMPA – The American Civil Liberties Union of Florida urged the
government Monday not to retry Sami Al-Arian, who was acquitted in
December on eight counts of terrorism-related charges in a federal
trial in Tampa. The jury hung on nine counts, with 10 jurors
favoring total acquittal on all but an immigration charge.

In a letter to federal authorities, the director of the Florida ACLU
wrote: “In light of the jury’s acquittal … on the most serious
charges and in light of reportedly spending millions of dollars in a
trial that led to no convictions, a decision to retry (Dr. Al-Arian)
would appear to be pointless and vindictive.”

The letter marked the first time in three years that the ACLU has
taken a position on the charges against Al-Arian.

Howard Simon of the ACLU sent the letter to Paul Perez, U.S.
attorney for the Middle District of Florida; and to his boss, Alice
Fisher, chief of the criminal division at the U.S. Department of
Justice.

Al-Arian and three co-defendants had been charged with raising money
to further the violent acts of Palestinian Islamic Jihad in Israel
and the Occupied Territories. After a six-month trial, a jury
returned verdicts of acquittal and mistrial, with no guilty verdicts.

Simon said he “had reason to believe” that the U.S. attorney’s
office in Tampa was against a retrial but was not being supported by
Washington: “I think Tampa recognizes it’s time to fold the tent,
but Washington won’t let them because they’re worried about saving
face.”

Steve Cole, spokesman for the U.S. attorney in Tampa, said, “We’ll
make a decision about a retrial, and it will be a joint decision
between DOJ and Tampa prosecutors. Going back and forth is routine.”

Cole said a decision about whether to try Al-Arian again will
be “made within weeks, not months.”

—

II. ACLU Urges Government to Dismiss Remaining Charges Against Al-
Arian

www.aclufl.org/news_events

ACLU of Florida Urges US Government Prosecutors to
Dismiss All Remaining Charges Against Sami Al-Arian

For Immediate Release
Monday, January 23, 2006

Media Contact
Kileen Marshall, Acting Communications Director, 305-576-2336, ext.
16

MIAMI � Saying that a decision to re-try Dr. Sami Al-Arian following
the recent acquittal of all serious charges lodged against
him “would appear to be pointless and vindictive,” the American
Civil Liberties Union of Florida today called on the U.S. Department
of Justice and the U.S. Attorney for the Middle District of Florida
to dismiss the remaining charges against Dr. Al-Arian and bring the
case to a close.

“Although the government had unlimited resources and reportedly
spent millions of dollars during the trial, it could not convince
the jury that Dr. Al-Arian had committed any of the charged criminal
activities,” said ACLU of Florida Executive Director Howard
Simon. “It’s time for the government to accept the judgment of the
jury and bring this saga to an end.”

Simon sent a letter today urging dismissal of all remaining charges
to Alice Fisher, Assistant Attorney General in charge of the Justice
Department’s Criminal Division, and Paul Perez, U.S. Attorney for
the Middle District of Florida.

The ACLU letter cited the recent jury acquittal of the most serious
charges, which came after a lengthy trial in which government
prosecutors presented hundreds of thousands of pages of exhibits and
more than 450,000 recorded phone calls to make its case.

Dr. Al-Arian was arrested in February 2003 and charged with
conspiring with a Tampa terrorist cell, charges which Dr. Al-Arian
vehemently denied. The ACLU said the government failed to prove that
he provided funds or otherwise engaged in any terrorist activities.

The text of the ACLU letter follows:

January 20, 2006

Alice Fisher, Assistant Attorney General
Criminal Division
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Paul Perez, US Attorney
Middle District of Florida
400 N. Tampa Street, Suite 3200
Tampa, FL 33602

Re: Re-trial of Dr. Sami Al-Arian

Dear Ms. Fisher and Mr. Perez:

The ACLU of Florida urges the United States Department of Justice,
and the U.S. Attorney=s office for the Middle District of Florida,
to decline to re-try Dr. Sami Al-Arian following his recent
acquittal on the most serious charges lodged against him, to dismiss
the remaining charges, and to bring this case to a close.

The jury’s acquittal of Dr. Al-Arian on eight of seventeen charges,
including the two most serious charges B conspiracy to murder, maim
or injure persons outside the United States and conspiracy to
provide material support to a “foreign terrorist organization” B
sent an important message. Although the prosecution had unlimited
resources, called innumerable witnesses, presented hundreds of
thousands of pages of exhibits, and over 450,000 recorded phone
calls, it could not convince the jury that Dr. Al-Arian had
committed any of the charged criminal activities. Save for the
immigration charge, the vote on the remaining counts was not even
close, with ten of twelve jurors voting for complete acquittal.
There is no reason to think the great majority of jurors were wrong;
they heard the evidence, deliberated in good conscience, and found
the government’s proof wanting.

The prosecution relied heavily for its proof on the spoken and
written words of Dr. Al-Arian, words that expressed strongly felt
and deeply unpopular political sentiments. Criminal prosecutions so
heavily reliant upon political speech inevitably raise significant
First Amendment issues. Sensitive to the First Amendment
implications of the prosecution, the Court rightly required the
government to prove that Dr. Al-Arian had sent funds to a foreign
terrorist organization for the purpose of furthering the group=s
illegal activities; the government could not meet that burden. On
any retrial, the First Amendment will continue to present a
substantial obstacle to the government’s prosecution of Dr. Al-
Arian.

In light of the jury’s acquittal of Dr. Al-Arian on the most serious
charges, and after reportedly spending millions of dollars in a
trial that led to no convictions, a decision to re-try him would
appear to be pointless and vindictive. The government should send a
different message � it should show that we are a nation that values
freedom, that we are a nation that welcomes religious and ethnic
diversity, that we are a nation founded on liberty. In short, it
should accept the judgment of the jury.

We therefore urge the government to dismiss all remaining charges
against Dr. Sami Al-Arian.

Sincerely,

Howard L. Simon
Executive Director
American Civil Liberties Union of Florida