Tampa Bay Coalition for Justice and Peace
Dec. 13, 2007
ALEXANDRIA, VA –
A federal judge finally lifted the civil contempt status from Dr. Al-Arian at a hearing held in Alexandria on Thursday. Dr. Al-Arian will now begin serving the remaining four months of his sentence.
Judge Gerald Lee granted a defense motion to lift the contempt, after Dr. Al-Arian was imprisoned for eleven months that did not count toward his sentence. Prior to that, he had spent two months for another grand jury in which he refused to testify.
Dr. Al-Arian’s family, attorneys, and supporters welcomed the decision by Judge Lee to lift the contempt. They have called on prosecutors not to repeat the tactic of using grand jury subpoenas to extend Dr. Al-Arian’s imprisonment indefinitely or charge him with criminal contempt as the government has done in other cases, and recent press has hinted it might do in Dr. Al-Arian’s case.
Attorney Jonathan Turley, who represents Dr. Al-Arian in the contempt case, wrote on his blog: “The use of civil contempt to prolong his punishment has been a shocking abuse of the system by the Justice Department.”
“Unable to convict Dr. Al-Arian before a jury, prosecutors have sought to mete out their own brand of justice through the grand jury system. It is a tactic used in other cases where the government creates the perfect Catch-22 for unconvicted citizens: choose between a perjury trap and a contempt charge for refusing to enter the perjury trap.”
Reverend Warren Clark commented on the news following a prayer vigil for Dr. Al-Arian at the First United Church in Tampa. While welcoming the decision, he cautioned against the Virginia prosecutor Gordon Kromberg’s continued harassment of Dr. Al-Arian. “The threat is that this man could do it again and have it be like Guantanamo here in the United States. It is appropriate that [the contempt lifting] has happened, and it is important for the integrity of the justice system of the United States that there be no further use of the grand jury system to extend Dr. Al-Arian’s jail time. The jury spoke clearly – not guilty, not guilty – and it is overdue that their decision be respected.”
Dr. Al-Arian’s eldest son, Abdullah, also welcomed the decision by Judge Lee to lift the contempt from his father. “We are very relieved by this news today, but it is not yet over. Our father was kept from us for an additional year without any rhyme or reason. My youngest siblings need him back and so we pray that all conscientious people stand up to any future attempts by these vindictive prosecutors to continue and keep him from coming home.”
Professor Turley added, “We hope that this will be the end of this chapter in the Al-Arian case and that the government will now fulfill its agreement with Dr. Al-Arian. His case continues to draw international criticism of the Bush Administration and its abuse of provisions governing material witness, material support, and recalcitrant witnesses. It is our sincere hope that the Justice Department will now accept the decision of the Florida jury and allow Dr. Al-Arian to complete his sentence and re-join his family.”
Speaking through his family, Dr. Al-Arian wished to express his appreciation to the thousands of supporters around the world who have stood up for justice in his case. He is grateful for the countless letters of support he received, as well as to the thousands of people who have written to Judge Lee over the past year. Their efforts were not in vain, as their voices were most assuredly heard on Thursday.
The Tampa Bay Coalition for Justice and Peace calls on all supporters of justice to continue and work toward Dr. Al-Arian’s freedom. Although he could be free in 115 days, the Department of Justice must continue to hear from conscientious Americans not to continue its abuse of the justice system and punishment of Dr. Al-Arian and his family through a third grand jury or a criminal contempt charge. Furthermore, Congress must act to investigate these abuses and ensure that justice is served in this and other cases.
Attorney General
Department of Justice
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
(202) 307-6777 Fax
askdoj@usdoj.
House Judiciary Chair:
The Honorable John Conyers, Jr
2426 Rayburn Building Washington, DC 20515
(202) 225-5126
(202) 225-0072 Fax
john.conyers@
Senate Judiciary Chair:
Senator Patrick Leahy
433 Russell Senate Office Building
United States Senate Washington, DC 20510
(202) 224-4242
senator_leahy@