Sami Al-Arian
Sami Al-Arian | |
---|---|
Born | |
Alma mater | Southern Illinois University North Carolina State University |
Occupation | Professor of computer engineering |
Employer | University of South Florida |
Spouse | Nahla Al-Najjar |
Children | Abdullah Laila Leena Ali Lama |
Parent(s) | Amin; Laila |
Sami Amin Al-Arian (
After a contentious interview with Bill O'Reilly on The O'Reilly Factor following the September 11 attacks, Al-Arian's tenure at University of South Florida came under public scrutiny.
He was indicted in February 2003 on 17 counts under the Patriot Act. A jury acquitted him on 8 counts and deadlocked on the remaining 9 counts. He later struck a plea bargain and admitted to one of the remaining charges in exchange for being released and deported by April 2007. However, as his release date approached, a federal prosecutor in Virginia demanded he testify before a grand jury in a separate case, which he refused to do, claiming it would violate his plea deal. He was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him.[1]
Al-Arian's activities and connections became a factor in multiple political campaigns, including the 2004 United States Senate election in Florida and the 2010 United States Senate election in California.[2][3]
He was deported to Turkey on February 4, 2015.[4]
Early life and education
Kuwait and Egypt
Al-Arian was born on January 14, 1958, in
United States
Sponsored by his father, Sami went to America for education.
Tenured at University of South Florida
He moved to
Activism
Community involvement and WISE
He was very involved in the local community. He served as an imam for a local mosque and as a charter officer for the local religious school.[7][8] In 1992, he hosted a local cable-access show — Peace be upon you.[7]
Al-Arian criticized the peace process led by Palestinian Authority president Yasser Arafat and advocated support for the Palestinian uprisings against Israeli occupation during the 1980s and early 1990s.[15][16] On October 20, 1988, Al-Arian established the Islamic Concern Project, which included a committee devoted to raising charity for Palestine.[10][17] In 1990–91, his continued involvement in promoting dialogue between the West and Middle East[18] led to the creation of World and Islam Studies Enterprise (WISE), which served as a think tank that promoted public policy initiatives.[8][10] WISE and University of South Florida formally agreed to cooperate on March 11, 1992.[8][19][20] WISE published journals, supported graduate student education, and held seminars between American and Middle Eastern scholars.[21]
Emerson film and investigation
In May 1996,
Citizenship
He applied for U.S. citizenship in January 1994. Although he was informed that he passed all of the requirements to obtain citizenship in September 1994, he was neither granted nor denied citizenship. Federal law requires notification within 120 days after the citizenship examination. In October 1995, he filed suit for a judge to award him citizenship directly.[32] His petition for citizenship was denied in March 1996 under the pretense of unlawfully voting in a 1994 Hillsborough County local election.[33][34]
Mazen Al-Najjar
Sami Al-Arian's brother-in-law Mazen Al-Najjar was jailed for nearly five years, accused of having links to Palestinian terrorists.
Political involvement
Inspired by Al-Najjar's predicament, Al-Arian co-founded the Tampa Bay Coalition for Peace and Justice, which focused on the use of secret evidence and other
Al-Arian visited the White House four times from 1997 to 2001.[44]
During the
The Tampa Bay Muslim Alliance (TBMA) and Al-Arian had helped the resettlement of 50 families fleeing from the Bosnian War. Al-Arian and other leaders of TBMA condemned the September 11 attacks in the immediate aftermath. Al-Arian encouraged the nation to pursue those responsible but simultaneously discouraged acts of war that might impact innocent people. He discouraged radio talk show hosts from spreading hate-filled rhetoric and called for national unity.[47] Al-Arian led the local Muslim community in organizing a blood drive in solidarity with the victims of September 11.
Al-Arian had opposed the
Education
Al-Arian co-founded the
O'Reilly controversy
Television interview
On September 26, 2001, Al-Arian was invited to appear on
O'REILLY: In – in 1988, you did a little speaking engagement in Cleveland, and you were quoted as saying, "Jihad is our path. Victory to Islam. Death to Israel. Revolution. Revolution until victory. Rolling to Jerusalem." Did you say that?
AL-ARIAN: Let me just put it into context. When president Bush talked about crusade, we understand what he meant here. The Muslim world thought he is going to carry a cross and go invade the Muslim world and turn them into Christians. We have to understand the context. When you say "Death to Israel", you mean death to occupation, death to apartheid, death to oppression, death to ... (sentence interrupted)
O'Reilly ended his interview by calling for the Central Intelligence Agency to shadow Al-Arian. USF spokesman Michael Reich said that "O'Reilly's comments were nothing but speculation."[52] The O'Reilly interview caused Al-Arian to receive death threats from throughout the country.[53]
Academic freedom
In October 2001, USF president Judy Genshaft placed Al-Arian on paid administrative leave and prohibited Al-Arian from entering USF property because she believed Al-Arian's presence would compromise campus security.[54][55] During winter recess when students and faculty were on leave in December 2001, Genshaft and the USF Board of Trustees declared their intention to fire Al-Arian from teaching at USF because of academic disruption and problems for campus safety. The Faculty Senate President Gregory Paveza condemned the intention to fire as underhanded because the professors did not have their voices heard.[56] The faculty adviser to the Board of Trustees resigned in protest of the firing.[57] The Faculty Senate held an emergency meeting in January 2002 in which they approved by a wide majority a resolution that condemned the firing as an assault on academic freedom.[7][58] United Faculty of Florida, the faculty union representing USF professors, voted to throw its full support behind Al-Arian and condemned the university for exaggerating security concerns.[59]
CNN did an interview with Al-Arian in January 2002 in which Al-Arian accused the university of allowing those who make death threats to dictate the limits of academic freedom.[60] Florida Governor Jeb Bush entered into the fray when he offered support for Genshaft's decision for Al-Arian's dismissal.[61] An editorial from The New York Times criticized Bush and the university's handling of the case as an affront to freedom of speech.[62] In late January, several student organizations at USF rallied on campus to protest Genshaft's firing of Al-Arian.[63] At the Unitarian Universalist Fellowship in Lakeland in February 2002, Al-Arian discussed the history of the Israeli-Palestinian conflict and answered questions from the community regarding his USF quandary.[64] Roy Weatherford, the President of the USF Faculty Union, lambasted the decision to fire Al-Arian in front of Genshaft in a faculty summit in March 2002.[65] Following the summit, the American Association of University Professors (AAUP) revealed that it was conducting an investigation on Genshaft to determine if she had violated academic freedom.[65] In late April 2002, AAUP investigators reported that Genshaft was wavering on her decision to fire Al-Arian, especially if the university was officially censured. AAUP investigators went on to conclude that Genshaft's decision to place Al-Arian on paid administrative leave rather than suspension reflected her lack of faith in legal advice that green-lighted Al-Arian's firing. USF denied the report and denied that AAUP's decision for censure would factor in Al-Arian's firing.[66]
The largest national teacher's union, American Federation of Teachers, called on Genshaft in July 2002 to protect academic freedom by the reinstatement of Al-Arian.[67] AAUP's investigating committee determined USF's premise for Al-Arian's removal was "insubstantial" and cited "grave issues of academic freedom and due process". Civil libertarians and professors nationwide condemned USF for willingly capitulating to post-9/11 hysteria.[7] Former Central Intelligence Agency (CIA) agent Vincent Cannistraro publicly rebuked allegations against Al-Arian and testified in a civil disposition that Al-Arian had no ties to illegal organizations.[7][68]
The investments of the Genshaft Family Foundation (GFF) in corporate bonds of the Industrial Development Bank of Israel came under scrutiny in September 2002. Several internet petitions also cited Genshaft's Jewish faith to raise support against Al-Arian. Genshaft denied knowing about the corporate bonds and said her decisions were neither affected by her investments nor her religion in the Al Arian case.[69] John Esposito, a prominent scholar of Middle East, cancelled his USF speech in October 2002 to protest Genshaft's contraventions on academic freedom.[70]
Because Genshaft feared the punitive lawsuits if she fired Al-Arian, Genshaft continued to pursue the Al-Arian's dismissal through an unusual step in which she asked Hillsborough Circuit Court to determine whether firing Al-Arian would violate Al-Arian's First Amendment rights.[71] District Court judge Susan Bucklew dismissed Genshaft's case in December 2002. After Al-Arian filed a grievance contending that Genshaft broke the union contract by disciplining Al-Arian, Genshaft reversed course and affirmed Al-Arian was never disciplined.[72] But a week after a federal indictment on Al-Arian, Genshaft fired him on February 27, 2003, by using the indictment as legal cover to protect the university from any ensuing lawsuit.[73]
Loftus lawsuit
In March 2002, John Loftus compounded on O'Reilly's accusations by citing anonymous sources and filing a lawsuit that claimed Al-Arian used state-regulated organizations to launder money.[74] Al-Arian's defense team derided the lawsuit as a publicity seeking stunt and suggested Loftus needed mental treatment.[75][76] Loftus's lawsuit was summarily dismissed by the judge for failing to adequately show how Loftus was personally injured by Al-Arian's alleged activities.[75]
Indictment
Indictment
After one of the
Trial
Al-Arian's five-month, 13-day trial began with frenzied attention from national media outlets. The prosecution's case was built largely on FBI wiretaps and fax transmissions gathered between 1994 and the time of Mr. Al-Arian's arrest in 2003. The surveillance included roughly 20,000 hours of dialogue from 472,000 wiretapped telephone conversations on 18 tapped lines gathered from 1994 to 2003.[81] While such wiretaps taken by the intelligence arm of the FBI are usually kept secret from federal criminal investigators, provisions in the Patriot Act and the Foreign Intelligence Surveillance Act allow their use in certain trials dealing with terrorism.[82] At the end of the prosecution's case, Al-Arian's lawyers chose not to present any witnesses in his defense and rested without offering a defense, hoping to leave the burden of proof squarely on the government's shoulders.[83] The trial concluded in November 2005. After 13 days of deliberations, the jury acquitted Al-Arian in December on 8 of 17 counts and deadlocked on the remaining nine. Two co-defendants were acquitted of all charges and another co-defendant was also acquitted on majority of his charges.[84] The verdict was seen as a major embarrassment to the government's prosecution and to the Patriot Act.[85]
At trial, the prosecution accused Al-Arian of aiding Palestine Islamic Jihad (PIJ), which the Clinton administration issued an executive order declaring the PIJ a "specially designated terrorist" organization in 1995. The executive order barred "making or receiving contributions, funds, goods or services" to benefit the PIJ. Federal prosecutors also presented several transcripts of phone calls, but none involved any discussion of an attack against the U.S. or reflected advance knowledge of attacks in the Middle East.[19]
In April 2005, the faculty union United Faculty of Florida passed resolutions to send a representative to Al-Arian's trial and to express support for Al-Arian's constitutional right to a fair trial with fair treatment of prisoners.[86]
Plea agreement
On February 28, 2006, Al-Arian signed a plea agreement in which he agreed to plead guilty to one count of
Supporters of Al-Arian said the agreement was reached in part to end his family's suffering and to reunite them.[92][93]
Sentencing
Judge Moody sentenced al-Arian to the maximum 57 months in prison and three years of supervised release on May 1, 2006, and gave him credit for time served.[94] Prosecutors said al-Arian would serve the balance of 19 months, and then be deported. In his ruling, Moody harshly criticized al-Arian.[95][96] Al-Arian went on a 62-day hunger strike to protest the ruling.[citation needed]
Amnesty International demanded his immediate release and called for an investigation on his treatment in prison. It deemed his pre-trial detention conditions to be "gratuitously punitive" and "inconsistent with international standards for humane treatment".[97] In a 2007 letter to Ashcroft, the human rights organization went on to declare that his "unacceptably harsh and punitive" abuse by prison guards was "based, at least in part, on his political background."[98][citation needed]
Civil and criminal contempt prosecutions; 2006–present
Al-Arian was subpoenaed three times to testify in terrorism-related investigations before Virginia federal grand juries between 2006 and 2008. Each time, he refused to testify. He challenged the initial subpoena in four different federal courts, each of which held that he was in fact required to testify. He was imprisoned for 13 months for civil contempt for failing to testify in compliance with the first subpoena.
Grand jury subpoenas, refusal to testify, civil contempt, and hunger strikes
In May 2006, the
A Virginia District Court held that he had no legal basis to refuse to testify. The court held him in
In March 2008 he began another hunger strike, to protest his subpoena.
Criminal contempt proceedings; house arrest; deportation
On June 26, 2008, he was indicted by a grand jury in the Eastern District of Virginia on two counts of
At a January 2009 hearing to schedule his trial, his attorneys filed documents saying Al-Arian "did cooperate and answer questions on IIIT" for federal prosecutors. Attorneys alleged Virginia prosecutors are "ultimately not interested in IIIT ... but want to revisit the Tampa trial."[110] In a motion filed on March 4, 2009, prosecutors in Virginia acknowledged that when Al-Arian took the plea deal in early 2006, prosecutors in Tampa believed that it exempted him from testifying in other cases.[111] This affirms sworn declarations submitted to the court by Al-Arian's Florida trial attorneys, Bill Moffitt[112] and Linda Moreno.[113]
On March 9, 2010, Judge Leonie Brinkema postponed the criminal contempt trial, pending a motion by defense attorneys to dismiss the charges in the case.[114] While under federal law, Al-Arian could not be jailed for more than 18 months for civil contempt, the law does not have a time limit for criminal contempt.[115] On June 27, 2014, Assistant U.S. Attorney Gordon D. Kromberg moved to dismiss the indictment, but because the case has dragged on so long they decided to drop the case and begin proceedings to deport Al-Arian.[116]
On February 4, 2015, Al-Arian was deported from the United States to Turkey. He was flown on a commercial flight from Dulles International Airport from Herndon, Virginia to Turkey. In a statement released by his former attorney, Jonathan Turley, Al-Arian said in part, "After 40 years, my time in the U.S. has come to an end." He added, "But despite the long and arduous ordeal and hardships suffered by my family, I leave with no bitterness or resentment in my heart whatsoever. In fact, I'm very grateful for the opportunities and experiences afforded to me and my family in this country, and for the friendships we've cultivated over the decades. These are lifelong connections that could never be affected by distance."[117]
In 2017, Al-Arian founded the Center for Islam and Global Affairs (CIGA) at Istanbul Sabahattin Zaim University (IZU) in Istanbul, Turkey, which he directs.
Personal life
He is married to Nahla Al-Najjar, and they have five children.
Film
Notes
- student visa in the 1980s. His supporters accused the government of subverting civil liberties in the wake of the September 11 attacks. Al-Najjar was granted a two-week tourist visa by Bahrain. But en route to Ireland, Bahrain reversed its decision to accept Al-Najjar. After negotiations, Al-Najjar flew to Italy and then landed in Lebanon, which granted him a six-month visitor's visa beginning in August 2002.
See also
References
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- ^ Administrator. "Linda Moreno Declaration on Plea Deal". freesamialarian.com. Archived from the original on January 4, 2016. Retrieved March 11, 2009.
- ^ [1] [dead link]
- ^ "Al-Arian Indicted for Refusal To Testify in Charities Cases". nysun.com. Archived from the original on March 24, 2018. Retrieved March 11, 2010.
- Washington Post, June 27, 2014.
- ^ Elaine Silvestrini, ‘Grateful’ former USF professor Al-Arian deported to Turkey Archived July 28, 2018, at the Wayback Machine, Tbo.com, February 5, 2015.
- ^ [2] [dead link]
- ^ "Laila Al-Arian". huffingtonpost.com. Archived from the original on May 29, 2016. Retrieved April 21, 2020.
- ^ "Authors – The Nation". thenation.com. Archived from the original on April 22, 2010. Retrieved March 11, 2010.
- ^ Jay Weissberg, "USA vs Al-Arian" (Movie review) Archived September 26, 2007, at the Wayback Machine, Variety, February 19, 2007
- ^ "Sarasota Herald-Tribune - Google News Archive Search". Sarasota Herald-Tribune. Archived from the original on October 1, 2021. Retrieved December 16, 2020 – via Google News Archive Search.
- ^ Kinane, Sean (April 17, 2007). "Department of injustice". Nation.
External links
- FOX News transcript of O'Reilly interview, September 26, 2001
- News Links and "Sami Al-Arian, in his words" quotations, St. Petersburg Times, February 23, 2003
- USA vs. Al-Arian official site in English and Norwegian.
- Anita Kumar, Al-Arian Demands USF Restore his Standing – St. Petersburg Times, January 7, 2003
- Links to 2006–2007 trial coverage from the St. Petersburg Times
- Melva Underbakke and Paul Findley, Two Views: Sami Al-Arian’s Plea “Bargain”, Washington Report on Middle East Affairs, July 2006
- Exclusive Interview: Sami Al-Arian, Professor Who Defeated Controversial Terrorism Charges, is Deported from U.S. The Intercept, 2015