Tampa Bay Coalition for Justice and Peace
April 10, 2003

Newly-formed NLF to Focus on Defense of Political and Constitutional Cases

Washington D.C.–

Several national and local Muslim leaders, along with other local civil and human rights activists, announced today the formation of the National Liberty Fund to help coordinate community efforts to defend our civil and political rights.

As a result of the government’s failure to protect Americans from actual terrorist threats, the Justice Department has resorted more and more to opportunistic and politically-motivated prosecutions and other “counterterrorism” measures.

The NLF will focus its initial attention on the case of Dr. Sami Al- Arian and his co-defendants, who currently face a 43-count federal indictment issued on February 20, 2003 in Tampa, Florida.

Due to the highly charged atmosphere surrounding the case, many have been intimidated from speaking out or contributing funds to help defend this and similar cases. The goal of the NLF is to educate the public on the facts of these cases, raise awareness among Muslims and other Americans about the dangers of inaction, and mobilize the community in defense of our constitutional rights.

Below is a brief overview of some of the charges against Al-Arian and the others, which casts doubt on key factual assertions made by the government.

All those concerned with the protection of our rights are encouraged to:
(1) DONATE, (2) RESPOND, (3) EDUCATE

1) DONATE to the National Liberty Fund to help defray the cost of the family’s legal expenses. Contributions may be made out to the NLF and mailed to the following address:

National Liberty Fund (NLF)
P.O. Box 3568
Washington, D.C. 20007
info@nationallibertyfund.org

2) RESPOND to action alerts to be issued by NLF on a periodic basis. NLF will focus on mobilizing the community to educate the public about the serious negative impact this type of case has on our nation.

3) EDUCATE others about the information below regarding the Al-Arian case.

Misconceptions About the Case

MYTH: The government is actively working to “choke-off” terrorist financing.

FACT: The government has never proved its allegations of “terrorist financing” by Muslim charities. In the case of the Benevolence International Foundation, the government was forced to drop charges of terror financing against its director Enaam Arnaout. Similarly, in the case of Ghassan Elashi, former head of the Holy Land Foundation, a federal judge ordered he be released on his own recognizance just days after the Attorney General referred to him as a “thug.” In the case of Global Relief Foundation, even after being forced to open the immigration proceedings brought against its Chairman Rabih Haddad, the government has yet to offer any evidence linking him to terrorism.

MYTH: Dr. Sami Al-Arian is a dangerous terrorist.

FACT: In Dr. Al-Arian has been a lawful permanent resident since 1989 and has never been charged with any crime since coming here as a student in 1975. He has been a tireless advocate for voter education, mobilization and coalition-building. As a college professor, father, husband and community leader, countless people have attested to the exemplary life he has lead in his personal and professional relations.

Yet the government wants us to believe Dr. Al-Arian, who has met both Presidents Clinton and Bush, attended briefings at the White House and Justice Department, and lobbied dozens of Congress members for many years, is now suddenly a “dangerous terrorist.”

MYTH: Defendants charged with such actions are innocent until proven guilty.

FACT: Dr. Al-Arian faces atrocious conditions of confinement. He is in the “special housing unit” of a maximum security federal prison. He is in isolation 23 to 24 hours a day. When he is allowed one hour out of his cell, it is always at night, in a cage, with no other inmates. He is continuously isolated. The prison indicates they are protecting him from the other convicted federal felons in custody. However, Dr. Al-Arian is subject to much more punitive treatment, and he has not been convicted of a single crime. He is 80 miles away from his attorneys and family. When he is allowed his one phone call per month, his hands are manacled behind his back and he has to bend down and speak in the speakerphone. Recently, the prison doctor examined him for Dr. Al-Arian’s debilitating back condition; however, during the entire examination, Dr. Al-Arian’s hands were manacled behind his back.

CHARGE: The World and Islam Studies Enterprise, Inc. (hereinafter referred to as “WISE”) was a corporation established in Tampa, Florida. WISE was incorporated in the State of Florida on February 21, 1991 by SAMI AMIN AL-ARIAN. Unindicted Co-Conspirator Twelve was the Executive Director of WISE. WISE maintained a bank account at NCNB Bank, Tampa, Florida. Authorized signatures on the WISE bank account were SAMI AMIN AL-ARIAN, RAMADAN ABDULLAH SHALLAH and Unindicted Co-Conspirator Twelve.

FACT: The government seeks to create guilt by association for WISE and the current leader of the terrorist group, PIJ. After years of hearings, Immigration Judge Kevin McHugh found WISE to be a “reputable and scholarly research center”.

CHARGE: On or about December 22, 1988, in St. Louis, Missouri, SAMI AMIN ALARIAN and BASHIR MUSA MOHAMMED NAFI attended the first ICP Conference. Funds were solicited and raised for the PIJ and SAMI AMIN AL-ARIAN attempted to recruit one or more individuals to join the PIJ.

FACT: Whether or not this is true, at the time, just like when most conversations mentioned in the indictment occurred, the PIJ was not a designated terrorist organization and contributions were perfectly legal until 1995. The name of the person alleged to have been approached by Dr. Al-Arian in this so-called recruitment effort remains `confidential’.

CHARGE: On or about November 10, 2002, HATIM NAJI FARIZ, who was in the Middle District of Florida, had a telephone conversation with ABD AL AZIZ AWDA, who was outside the State of Florida. They discussed a variety of issues about fund-raising and distributing money. HATIM NAJI FARIZ and ABD AL AZIZ AWDA discussed HATIM NAJI FARIZ sending ABD AL AZIZ AWDA money . . .

FACT: This represents one of many accusations in the indictment where the government misidentifies key people. In this conversation, according to a sworn affidavit, another person in Gaza named Abu Ahmed (an alias for Awda as well) claims to be the one in this conversation where he is discussing contributions to his school. There is nothing nefarious or illegal about this activity; but by replacing the name of an innocent school principal with that of an alleged terrorist leader, the government casts aspersions on an innocuous conversation.

CHARGE: On or about April 7, 1991, in Cleveland, Ohio, Unindicted Co- Conspirator One introduced SAMI AMIN AL-ARIAN as the head of the Islamic Committee for Palestine [ICP], which was described as the active arm of the Islamic Jihad Movement in Palestine [PIJ], in North America. Unindicted Co-Conspirator One said the PIJ was referred to as the ICP for security reasons.

FACT: Immigration Judge Kevin McHugh found, in a prior proceeding, that no evidence was presented that any money raised during that event ever went to the PIJ. Additionally, and most notably, Unindicted Co-Conspirator One, subsequently became a naturalized United States citizen. That fact alone, Judge McHugh found, undermined the government’s claim that the type of fundraising that occurred constituted `terrorist activity.’

CHARGE: SAMI AMIN AL-ARIAN spoke and praised the Intifada, and praised individuals who had escaped from a prison in 1987 with the help of the PIJ and then killed many people. (This terrorist act is also referred to as the Battle of Al-Shujaiya.) SAMI AMIN AL-ARIAN further mentioned the Gulf War, and questioned why they stopped the protests against it. He then said they should continue the protests, continue to damn America, continue to damn Israel, and continue to damn the allies of America and Israel until death. SAMI AMIN AL-ARIAN also said that going to the Holy Land for Muslims was not a matter of going for a visit or tourism; rather, it was a matter of going for Jihad.

FACT: The speech, like most conversations and faxes profiled in the indictment was in Arabic. The true meaning of the speech was similar to Patrick Henry’s famous “Give me Liberty or Give me Death” speech. References to Israel or America refers to the occupation and the instrumentalities which support it- not the countries and certainly not innocent civilians.

CHARGE: On or about April 27, 1992, [Defendants] modified the computer file at WISE/ICP which contained the wills of Nizar Mahmoud, Abdel Damel Daher and Khaled Muhammed Hassan. On or about November 20, 1995, in Tampa, Florida, at WISE/ICP, [Defendants] possessed: (1) The Manifesto of the PIJ which described: (a) the organizational structure; (b) the duties and responsibilities of various offices, and, (c) the goals and principles of the organization. . . . The Manifesto referred to the United States as the “Great Satan – America;”

FACT: It is not unusual that a think tank on Palestinian issues would study the issues of organizational structures and suicide bombers. Part of that study would include reviewing plans and statements including manifestoes and wills. Possession does not mean belief in the contents.

CHARGE: On or about June 1, 1993, SAMI AMIN AL-ARIAN wrote a $5,000.00 check from an account he had at USF Federal Credit Union to his NCNB account. He then caused four separate wire transfers of $2,000.00 each to his account at Bank Leumi in Tel Aviv, Israel.

FACT: Dr. Al-Arian never had and, as a Palestinian with Egyptian travel documents, cannot open an account in Israel.

CHARGE: On or about February 10, 1995, SAMI AMIN AL-ARIAN wrote a letter to Ismail Al-Shatti in Kuwait asking for money for the PIJ. SAMI AMIN AL-ARIAN bragged about the January 22, 1995 Beit Lid bombing, and cited the bombing as an example of what PIJ could do. . . . . In the letter, SAMI AMIN AL-ARIAN requested additional money so that operations such as Beit Lid could continue.

FACT: Such a letter was never sent and the alleged recipient denies ever receiving any such letter.

CHARGE: A letter dated November 6, 1992, from Unindicted Co-Conspirator Five. In the letter, Unindicted Co-Conspirator Five said that his group viewed SAMI AMIN AL-ARIAN, Unindicted Co-Conspirator Twelve, Khalil Shiqaqi, BASHIR MUSA MOHAMMED NAFI, RAMADAN ABDULLAH SHALLAH and ABD AL AZIZ AWDA as part of and an extension of his group and promised to send the remainder of the money pledged previously. Unindicted Co-Conspirator Five instructed SAMI AMIN ALARIAN that he could use the money regardless of the party or the façade for which the money was designated.

FACT: Co-Conspirator Five is a distinguished Muslim scholar in the US who has been invited to events with Administration officials as late as November 2002 and serves as an advisor to US government agencies. If he were the sinister financial source the indictment makes him out to be, he would not have been allowed to continue in this capacity.

For more information about NLF, or if you would like to organize a fundraising event for this or a similar case in your area, please email nlf@yahoo.com.