Motion to Dismiss Filed/ Website Relaunched/
Urgent Calls for Donations 

“Justice demands that the United States honor its agreement with Dr. Sami Al-Arian” 

The motion also contains five previously filed declarations from Dr. Al-Arian and his Florida attorneys that lay out in considerable detail the circumstances surrounding the 2006 plea negotiations (see Exhibits A-E). It also exposes the underlying reason for this continuing legal saga: While Dr. Al-Arian was originally told that the subsequent plea agreement would not only close the matter in Florida, but also end all business with the US Government, Eastern District of Virginia (EDVA) Prosecutor Gordon Kromberg now admits that he wanted Dr. Al-Arian to testify in order to revisit the same issues litigated in Florida, in spite of the acquittals.

The motion provides new disclosures that: (1) the government conceded that there was a cooperation provision removed during negotiations with the defense (see Exhibits F and G); (2) Mr. Kromberg and the EDVA investigation were expressly mentioned during the plea negotiations; (3) Mr. Kromberg and the EDVA were actively involved with the consummation of the plea agreement; (4) Mr. Kromberg informed the negotiating prosecutors that he was planning to compel the testimony of Dr. Al-Arian, while the Florida prosecutors opposed the effort to subpoena Dr. Al-Arian, believing that, under the agreement, he would not be compelled to testify and would be allowed to leave the country after serving the remainder of his time; (5) defense attorney Linda Moreno’s contemporaneous notes show that Dr. Al-Arian was assured that no other jurisdiction was interested in him before the agreement was finalized; (6) Mr. Kromberg knew about the plea agreement despite the fact that it was still under seal in Florida; (7) the EDVA now concedes that it was bound by the agreement and barred from re-litigating the same issues raised in Florida; and (8) the Department of Justice played a critical role in crafting the language of the agreement to avoid the need for cooperation.

Not only was this information not available to the courts in Florida and Virginia where Dr. Al-Arian previously challenged the subpoena, but it substantially corroborates his longstanding claims that he was guaranteed non-cooperation with the Department of Justice in any form, if he accepted a plea deal. In fact, he opted for added prison time simply to ensure that he would not have to cooperate.

In a hearing earlier this month, Judge Leonie Brinkema cautioned the government that “the Justice Department is not a fishmonger. It’s the Department of Justice. The Department of Justice ought to always negotiate in complete good faith.” In the spirit of those sentiments, Dr. Al-Arian’s motion calls on Judge Brinkema to prevent the DoJ from using the Court as a vehicle to abuse the justice system. The concerns over the integrity of the system are magnified by the increasingly confused and conflicting representations made to the Court by the government, among them, Mr. Kromberg’s controversial decision to unilaterally alter the congressionally-mandated language used for immunity orders.

Finally, the motion states that “it should shock the conscience of the Court and counsel to commit a person to a criminal trial on such a conflicted and controversial record.  Even after six hearings, five declarations, and reams of legal argument, the Court still struggles with this record and to reconcile the new evidence in the case.” The motion further requests that the case be completely dismissed and Dr. Al-Arian allowed to leave the country in final fulfillment of his plea agreement – after three full years of confinement beyond the original sentencing agreement. It concludes: “Justice demands that enough is enough. It is time for the United States government to honor its agreement with Dr. Sami Al-Arian.”

Dr. Al-Arian is being represented by George Washington Law professor Jonathan Turley, and Will Olson and P.J. Meitl of Bryan Cave. The government has until April 6th  to respond to this motion. Judge Brinkema set the next hearing date for April 24, 2009 at 9 AM. During that hearing she will either dismiss the charges or set a new trial date.

Thank you very much for your critical support in upholding justice and in the defense of freedom.

– END –