ALEXANDRIA, Virginia – Despite a federal judge’s order on July 10 that Dr. Sami Al-Arian be freed on bond pending his Aug. 13 trial on new charges of criminal contempt, the former University of South Florida professor remained held by immigration authorities.
In announcing the ruling, U.S. District Judge Leonie Brinkema said she could not stop immigration authorities from taking Al-Arian into custody, since he is subject to deportation. But, the judge asserted that "any resumption of custody by ICE would trigger the [plea agreement's] deportation provision," according to Al-Arian’s counsel, Jonathan Turley.
“We have formally ask ICE to lift the ‘hold’ on Dr. Al-Arian to allow him to be released pursuant to Judge Brinkema’s court order,” according to a post on Turley’s blog.
Prosecutors suggested that Al-Arian is a flight risk from deportation. But Turley argued there is no basis for Al-Arian to be held.
“Dr. Al-Arian has been fighting for deportation,” he said. “He wants to be deported.”
On July 18, the defense filed a series of pre-trial motions challenging the two-count indictment against Dr. Sami Al-Arian. The filing includes charges of prosecutorial abuse and selective prosecution.
In 2005, a Florida jury rejected federal charges that Al-Arian had operated a cell for the Palestinian Islamic Jihad. Al-Arian later pleaded guilty to a lesser charge and was scheduled for release and deportation that April.
After he was given a sentence of up to 18 months for refusing to testify before a grand jury in a separate case, Al-Arian began his first hunger strike. His attorneys say an earlier plea agreement freed him from further testifying.
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