Former University of South Florida professor Sami Al-Arian was arraigned Monday on two charges of criminal contempt for refusing to testify before a federal grand jury in Virginia. U.S. District Judge Leonie Brinkema in Alexandria, Va., ordered Al-Arian transferred out of the custody of immigration authorities and into the custody of U.S. Marshals.Al-Arian's attorney, Jonathan Turley, wrote on his blog that the court where Al-Arian is being prosecuted "is called the 'Rocket Docket' because it prides itself on moving these cases at a breakneck pace." Al-Arian's arraignment had been scheduled for the morning, but was moved to the afternoon "due to the failure of the government to transport him to the courthouse," Turley said on his blog. At the arraignment, Al-Arian did not enter a plea, but the judge entered a not guilty plea for him, Turley wrote in his blog. Al-Arian's trial is scheduled for Aug. 13.
Al-Arian was prosecuted in Tampa on terrorism-related charges alleging he was a lead U.S. fundraiser for the Palestinian Islamic Jihad, a U.S.-designated terrorist organization in Israel. A federal jury in 2005 failed to convict him of any charge, but deadlocked on nine counts. He later struck a deal with prosecutors, pleading guilty to one count of providing assistance to the Palestinian Islamic Jihad. He has completed his sentence for that charge, but has been held on successive civil contempt charges for refusing to testify before a Virginia grand jury investigating alleged terrorist financing by charities there.
During the Tampa trial, the government presented evidence that Al-Arian's think tank, World and Islam Studies Enterprise, received funding from the International Institute of Islamic Thought, based in Herndon, Va. The institute's offices were raided in 2002 as part of the investigation into World and Islam Studies Enterprise. Turley wrote on his blog that Al-Arian has been indicted for failing to provide information about the institute, even though he doesn't have any information to give.
Stetson Law School professor Charles Rose said criminal contempt charges such as these are rare. "I just can't imagine that this is still around," Rose said. "You almost never see a charge of criminal contempt, historically, unless you're dealing with organized crime. They're treating Sami Al-Arian like he is a member of a criminal organization."