Delicious
Digg
StumbleUpon
Newsvine
Facebook
Google
Yahoo
TechnoratiIf it's Sunday night, it's Civics 101 at the Mokhiber household.
Last night, the home schooling Civics topic:
U.S. Constitution.
First Amendment.
Congress shall pass no law abridging freedom of speech.
Let's go to the DVD.
USA v.Al-Arian.
Let's see if a documentary about the U.S. Constitution can hold the attention of a 13 year-old and a 10 year-old - for 90 minutes.
Sami Al-Arian is the University of South Florida Professor and Palestinian activist.
Al-Arian advocates for the overthrow of the Israeli occupation in the West Bank and Gaza.
As Nelson Mandela advocated for the overthrow of the apartheid regime in South Africa.
As any of us would fight against occupation - if we were occupied.
Al-Arian was engaging in free speech.
But, lo and behold, Al-Arian became a target of the U.S. Department of Justice.
They said he supported Palestinian Islamic Jihad.
They accused him of being a terrorist.
They indicted him and others in Florida and put him on trial.
They tapped thousands of his family's phone conversations.
Including those of his wife ordering pizza.
They used 400 of those phone conversations at trial.
Picking and choosing.
Slicing and dicing.
They flew Israeli victims of bus bombings from Tel Aviv to St. Petersburg, Florida to testify against him.
They spent $50 million to prosecute Sami Al-Arian.
One problem - the government couldn't establish a link between Al-Arian's advocacy and these violent acts.
Two years ago this week, on December 6, 2005, Sami Al-Arian was found not guilty on eight counts.
The jury hung on the remaining nine counts.
The reporters wanted to know from the jurors - why didn't you convict Sami Al-Arian of being a terrorist?
What was missing from the government's case?
"Evidence," one juror responded wryly while leaving the courthouse.
"Guilty of what?" asked St. Petersburg Times reporter Meg Laughlin.
"Why is he still in jail?" asks my ten-year-old, Nicholas.
Good question.
Pause the DVD.
The jury acquitted Al-Arian of eight counts.
They were unanimous. 12 to 0.
But they deadlock in the remaining nine counts - 10 to 2.
That's called a hung jury.
And when the jury hangs, the prosecutor can come back and try Al-Arian again on those counts.
Which they threatened to do.
But they also held out the carrot.
Plead guilty to one count to non-violent support of Palestine Islamic Jihad.
And we'll recommend time served.
And you'll be deported.
One thing Al-Arian has to be proud of is - his family.
They are the stars of this movie.
His wife Nahla, and children Leila, Leena, Abdullah, Lama, and Ali - are strong, sane, composed, articulate.
Not that they don't have their moments of frustration. They do. Nahla blows a gasket while cutting her son Ali's hair. (Ali doesn't help matters by resisting the hair cut.) Nahla blows again while speaking to Sami - he's on the speaker phone from prison asking her to check some web site. She's busy doing something else. He hangs up on her. She reaches for a couple of unidentified pills.
But never do the Al-Arians blow up at the Norwegian film crew - which is camped out at their home throughout the trial. If they did, the blow up didn't make the final cut.
When federal prosecutors offered Al-Arian the plea deal, he questioned whether to take it.
He would have preferred to fight it.
He figured - hey, I beat the government once, I can beat them again.
But the family wanted none of it.
The family was fed up with our government's harassment, trials, phone-tapping, and right wing attacks.
They wanted out.
Give us our father back and let's move to Egypt.
As Georgetown University Law Professor David Cole puts it - Al-Arian could have fought through another six month trial, and even if he were found not guilty, he would still be facing deportation.
So, Al-Arian pleads guilty to one count.
And the family all drives down to the courthouse for what they thought was one last time to get their father.
But the Judge decides to reject the government's proposed sentence - time served - and hits Al-Arian with the maximum sentence.
Al-Arian stays in jail.
He was due out earlier this year, but then came Gordon Kromberg.
Kromberg is an assistant U.S. Attorney in Virginia.
Kromberg wants to put Al-Arian through a perjury trap.
He wants him to testify before a federal grand jury in Virginia investigating Islamic charities.
This was in direct violation of the plea deal Al-Arian cut with the government.
So, Al-Arian refuses to testify.
Kromberg charges him with contempt and throws him in jail in Virginia.
When Al-Arian's attorneys request a delay of the prison transfer during the holy month, Kromberg shows his stripes when he responds:
"If they can kill each other during Ramadan, they can appear before the grand jury. I am not going to put off Dr. Al- Arian's grand jury appearance just to assist in what is becoming the Islamization of America."
The movie ends before Kromberg enters the picture.
Too bad.
He would have fit well into this little morality play.
Good v. Evil.
Civics 101.
Al-Arian remains in prison in Virginia on civil contempt charges.
As he appeals his case, the government is considering charging him again with criminal contempt.
Earlier this year, Nahla and her two youngest children - Ali and Lama - left the country for Egypt.
The movie - USA v. Al-Arian - will open in Washington, D.C. this Wednesday, December 5, 2007 at the Uptown Theater in Washington, D.C.
After the movie, Democracy Now's Amy Goodman will moderate a roundtable discussion with Georgetown Law Professor David Cole, GWU Law Professor Jonathan Turley, one of Al-Arian's trial attorneys - Linda Moreno - along with the Norwegian director of the movie Line Halvorsen, and Sami's son Abdullah.
If you live in the Washington, D.C. area and you have young children - take them to see this movie.
If not, get a copy of the DVD and show it far and wide.
It's a great crash course in Civics 101.
Russell Mokhiber is editor of the Washington, D.C.-based Corporate Crime Reporter.
19 Comments so far
Show AllIt's okay to express violence against Iran or any Muslim nation. "Let's nuke'em all!" You can say that every day on the Rush Limbaugh Show!
However, if Al-Arian supports, even in an entirely political free-speech manner, the violent overthrow of Israel, then he gets put through the ringer in a bad way.
How is this considered a free country with freedom of expression?
What happened to my country?
Jim Glover December 3rd, 2007 1:03 pm
"These Parasites really try hard to keep hate alive don't they?"
Yes, and they'll spend tens of millions to perpetuate their sociopathic hate agenda.
The American Gulag is alive and well.
"After the movie, Democracy Now's Amy Goodman will moderate a roundtable discussion with Georgetown Law Professor David Cole, GWU Law Professor Jonathan Turley, one of Al-Arian's trial attorneys - Linda Moreno - along with the Norwegian director of the movie Line Halvorsen, and Sami's son Abdullah."
And a year after-that, most will just shrug&forget -- after saying "wasn't that just-something?"...
[...and so it goes]
Al-Arian is being made an example of so no one questions Israel. Welcome to the United States of Israel where the US of A is no longer sovreign.
I suppose that in a criminal maladministration that has succeeded in replacing our republican constitutional democracy with a post-constitutional monarchy, one ought to expect a return to the same tyranny, despotism, and malicious persecution of declared enemies that occurred during the reign of our last King George.
I was unaware of the result of the trial. Was it really only acquittals on some counts and hung jury on the rest?
It does not surprise me that the government (meaning the Justice Dept. of the Bush-Cheney axis) is not satisfied with the collective wisdom of the people (in this case a jury). They have never cared a fig for what the public wants or thinks.
The current administration has a strong "waist deep in the big muddy" aspect to it. They can never admit they are wrong, so everything they start they throw more and more resources at it. Unfortunately for some individuals, they are "it".
Regarding the guilty plea. Under our system, I believe, unless corruption/coercion is shown, a judge has no choice, after a guilty plea and allocution (is that the right word?), but to consider that the defendant is actually guilty of the charge to which he is pleading guilty. Sentencing recommendations are just that, recommendations. I think a guilty plea can be withdrawn if a judge rejects a sentencing recommendation/agreement. Am I wrong?
As for the contempt situation. I do not have the details of the plea agreement, so I have no idea if Mr. al-Arian had the right to refuse to testify. Did he have immunity?
I mean vermin.
Gordon Kromberg's name and those of the other kangaroos should go down in history alongside those of the infamous Star Chamber as perverts of law and justice.
While I agree, is there some way to not wait till this is 'history'? Damn these ugly bastards. They seem to multiply like vernub,
AIPAC rules.
I am reminded of the courtroom scene in "Merchant of Venice". After all that "quality of mercy" crap, Portia and all the rest of the good christians proceed to ream the poor jew to the very limit of the law. Shakespeare understood his own people well enough.
Does the movie include the part about Bush showing Al-Arian the love before shoving our Constitution us his ass?
http://archive.democrats.com/display.cfm?id=299
horrified: Kromberg a dual citizen? how do you know? citation please.
Where are the state senators and the community when it comes to such cruelty?
Where is any justice?
My heart goes out to the family.
Love to them - keep your courage
Zero
IF and it is a big IF this lot of scum in power in this country ever face a trial alongside all their scum backers,watch the lies really flow as they squirm to evade a question about rights,They will demand what they deny others,sounds like Nuremburg all over again,so we know who are in power behind the scenes
Here is a copy of a letter I sent to the Judge who does have the power, it seems , to let Sami go free to join his family in Egypt....
"Dear Judge Lee,
Please lift the order against Sami Al-Arian. I hope you understand the importance of our courts to remain an independent branch of our government. I now must trust that you will do the right thing in the face of our new "Unitary Executive" attacking the power of Congress as well.
What a breeze of fresh air for our threatened democracy if you would let my fellow peace activist friend go join his family now in living in Egypt where I know he will continue to stand for world peace.
You hold in your hands the power to begin to fight terror with justice.
Sincerely, Jim Glover"
Sami has lots of courage and loves to get letters ... You can write him too at
Dr. Sami Al Arian
#19638
Northern Neck Regiona Jail
P.O. Box 1060
Warsaw, VA 22572
********************
These Parasites really try hard to keep hate alive don't they?
Kromberg is a racist prick. this is what happens when you have a dual-citizen immoral lawyer in this country that serves another nation.
And this trial is being pushed by Israel. No one should dare oppose the apartheid occupation of Palestine. And we support them to the tune of 4 billion a year. This year was a bonanza year for the apartheid state, they got 30 billion!
Government workers like Kromberg know how to climb that bureaucratic ladder just like Limbaugh and O'Rilly know how to climb the media ladder. They know what issues and language to use to get ahead in the ratings, or to get more air-time. They want to advance themselves in a corporate climate that rewards ends over means and excludes compassion. They know what their bosses want.
Kromberg knows just what his bosses want also. And is willing to please them. He's trying to advance himself in a system that is a main part of a what is quickly becoming fascist government. He will sell-out just like all the media whores and the political whores who pimp in D.C.
For an idea about our future civics lessons read IRON HEEL by Jack London. And buy stock in brown shirts.
Hoa binh
Another day, another atrocity catalogued by common dreams dot org. We should really consider renaming this site common nightmares dot org, as these stories are like experiencing nightmares while fully awake.
What the USA has done and is doing to Sami Al-Arian is a travesty. All the prosecutors and judges who have hippity-hopped along in these kangaroo courts should be named and shamed. Gordon Kromberg's name and those of the other kangaroos should go down in history alongside those of the infamous Star Chamber as perverts of law and justice.