ALEXANDRIA, VA - A federal judge on Friday cleared the way for Sami Al-Arian to stand trial for criminal contempt, ruling there is an "insufficient legal basis" for the Palestinian Islamic Jihad supporter's claim of selective government prosecution.
U.S. District Court Judge Leonie Brinkema set a March 9 jury trial date for Al-Arian. The former University of South Florida professor was indicted for criminal contempt last June for refusing to testify before a federal grand jury investigating terrorism financing in Virginia.
Al-Arian argues that a 2006 plea agreement he reached with prosecutors in Florida gives him the right to refuse to testify. But that argument was rejected by district court judges in Florida, where the plea was entered, and in Virginia. In addition, the 4th and 11th circuit courts of appeals denied his argument. The U.S. Supreme Court declined to consider the case in October.
"I don't read that plea agreement to have barred this prosecution," Brinkema said Friday.
Brinkema also rejected Al-Arian's argument that prosecutors acted with malice and from an anti-Muslim bias in pursuing the contempt charges.
However, in a set-back to the government, she said she would allow Al-Arian to argue to the jury that he was following his lawyers' advice in believing the plea deal absolved him of testifying despite the court orders. Read more ...
U.S. District Court Judge Leonie Brinkema set a March 9 jury trial date for Al-Arian. The former University of South Florida professor was indicted for criminal contempt last June for refusing to testify before a federal grand jury investigating terrorism financing in Virginia.
Al-Arian argues that a 2006 plea agreement he reached with prosecutors in Florida gives him the right to refuse to testify. But that argument was rejected by district court judges in Florida, where the plea was entered, and in Virginia. In addition, the 4th and 11th circuit courts of appeals denied his argument. The U.S. Supreme Court declined to consider the case in October.
"I don't read that plea agreement to have barred this prosecution," Brinkema said Friday.
Brinkema also rejected Al-Arian's argument that prosecutors acted with malice and from an anti-Muslim bias in pursuing the contempt charges.
However, in a set-back to the government, she said she would allow Al-Arian to argue to the jury that he was following his lawyers' advice in believing the plea deal absolved him of testifying despite the court orders. Read more ...
Source: IPT News
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