Judge says Justice Department's Integrity at Stake

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.
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.
Judge Brinkema also pointed out that, contrary to the prosecution's
assertions, the issue of the plea agreement has never been resolved
since no other court has ever granted a hearing to examine all the
evidence. After Kromberg concluded his statement to the court, Professor
Turley noted that new facts had come to light in the government's recent
court motion that had not been previously disclosed. Specifically, none
of the courts that have addressed the issue of the plea agreement were
made aware of an internal split within the Department of Justice on
whether Dr. Al-Arian should be called to testify in Virginia. It has
since come to light that prosecutors in Florida objected to efforts by
Kromberg to compel Dr. Al-Arian's testimony. Professor Turley concluded
by saying that now was the time for the court to consider these new
facts and allow the defense to argue for the dismissal of the charges.

In granting the motion, the judge expressed her disappointment with the
prosecutors' persistent refusal to present clear statements about their
conduct during the plea negotiations. She said that there are serious
questions about whether the government conducted bad faith dealings with
the defense that could now result in Dr. Al-Arian's imprisonment. Before
someone could be forced to give up their individual liberty, she said,
these issues should be resolved. She suggested that although prosecutors
had not offered their own affidavits on the plea negotiations, she was
"reading between the lines" that there was "a meeting of the minds" that
the intent of the plea agreement was to conclude Dr. Al-Arian's business
with the U.S. government once and for all.

Although Judge Brinkema was originally expected to set a new trial date
during today's hearing, she instead gave the defense ten days to submit
a motion to dismiss the charges. Prosecutors will then have ten days to
respond.

An estimated twenty-five people, some hailing from as far as Tampa,
Florida, attended the hearing today to express their support for Dr.
Al-Arian.. The Tampa Bay Coalition for Justice and Peace would like to
extend its appreciation to those individuals who have consistently stood
up for justice in Dr. Al-Arian's case, led by Dr. Al-Arian's legal
counsel, Professor Turley from George Washington University and William
Olson and P.J. Meitl from the law firm of Bryan Cave.