Friday, December 01, 2006
Letter Re Sami Al Arian to Gonzalez
Letter Re Sami Al Arian to Gonzalez
From: First United Church of Tampa - firstunitedmail@yahoo.com
Date: December 1, 2006 5:29:01 PM EST
To: melvau@earthlink.net
Subject: Letter Re Sami Al Arian to Gonzalez
Dear friends of human rights:
From: First United Church of Tampa - firstunitedmail@yahoo.com
Date: December 1, 2006 5:29:01 PM EST
To: melvau@earthlink.net
Subject: Letter Re Sami Al Arian to Gonzalez
Dear friends of human rights:
Please consider signing on to the attached letter to
Attorney General Alberto Gonzalez calling for Sami Al
Arian to be released on April 13, 2007. Sami and Nahla
want to be deported at that time. Please identify your
organization/ congregation and your position there.
Could you please respond by Friday, Dec. 8th? If you
do not feel you can attach your organization's name,
then please sign as a U. S. citizen. To sign on, just
respond back to this e-mail saying you wish to do so.
Thank you very much.
Dr. Warren Clark, Pastor
First United Church (UCC) of Tampa
__________
First United Church of Tampa
7308 E. Fowler Ave.
Tampa, FL 33617
813-988-4321
www.ucctampabay.org
We are an "Open and Affirming" and "Peace with Justice" church, founded in 1885.
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The letter:
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Friends of Human Rights
7308 E. Fowler Ave.
Tampa, Florida, U.S.A. 33617
(813) 246-2741
melvau@earthlink.net
Leadership: Pastor Warren Clark
Attorney General Alberto Gonzales
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530-0001
Dear Attorney General Gonzales:
We are a group of American citizens including clergy and other religious leaders concerned about the image of the United States in the world, particularly in the Middle East. In December, 2005, a jury found Dr. Sami Al Arian innocent of all violence related charges, and voted 10 to 2 to acquit him on all charges. This was widely reported in the Muslim media as a demonstration of the ability of a Muslim to receive a fair trial in the United States. It was a very positive story for us as a society.
As you know, Dr. Al Arian entered a plea agreement on three very minor charges, and was due to be released on April 13, 2007. Now, Dr. Al Arian is being held for up to 18 additional months for refusing to testify in another grand jury. This could easily happen again, and again, and again. This is potentially a very negative story in the Muslim world. We believe that it is far more beneficial to the interests of the United States that Dr. Al Arian be released and immediately deported on April 13, than to be indefinitely held in custody. The story of his continued incarceration is now getting out internationally, and will soon be prominently featured with the release of a European documentary about Dr. Al Arian’s trials.
As citizens who value human rights, we urge you to review Dr. Al Arian’s case. We request that you consider how important the practice of justice is to our country’s image abroad. If someone like Dr. Al Arian can be seen to receive fair treatment by our Justice Department, it will go a long way toward validating our call for the “Rule of Law” in other, especially Middle Eastern, countries.
Sunday, August 07, 2005
The Al-Arian Trial Continues
August 6, 2005
The strange trial of Dr. Al-Arian continues on Monday, August 8, at 9:00 with the ongoing “Reader’s Theatre” as role-playing prosecutors read the translations of wiretapped telephone conversations from 1994. They take on the voices of the various characters and dramatize the evidence, probably hoping this will keep the jury awake!
Much of the past two weeks of testimony by the lead FBI agent has exhibited what can only be seen to be a blatant mischaracterization of Arab and Muslim cultural norms and practices, leading many courtroom observers to conclude that racism is behind much of this prosecution.
Prosecutors have repeatedly attempted to confuse jurors by alluding to common Arabic names and terms of respect and terminology as “aliases.” Though Arabic translators have previously testified that calling one by the name of their firstborn child is a deeply rooted practice in Arab culture, the government has implied that such names by the men in this case are an attempt to conceal their true identities.
Also, in one instance, prosecutors attempted to show that one person mentioned by last name only “Hassanein” in a 1994 telephone conversation was the same person mentioned in another conversation eight years later, in 2002, by two completely different people. One cannot help but conclude that if the name in question was a common English name such as “Smith,” the connection would be deemed laughable by anyone present.
Throughout the past two weeks, the FBI agent who has been on this case for ten years was asked to explain particular words in the course of the conversations that he claims are “code.” He ignored the fact that most of the terms referenced were common slang known in many parts of the Arab world, and not something exclusive to the conversants. The term “rabbit,” for example, is used to refer to a sum of money and is common Egyptian slang. He also did not seem to be aware that the word “family” is frequently used among Palestinians (and almost everyone else, as well!) to refer to immediate and distant relatives. The question on many people’s minds has been, if the defendants in the case were African-American, would a federal agent have dared to insinuate that their common terms were in fact “code” without being labeled a racist?
Ultimately, most people who have been bored by the prosecution’s case have reached the conclusion that this case is much ado about nothing. In the dramatization that I witnessed on Thursday, about an hour and a half was spent on one conversation. The topic? How to help financially struggling students with employment.
During the week, Judge Moody was heard to remark, “At this rate, I may not live long enough to finish this trial.” He sarcastically announced a search for a replacement judge.
The government has introduced numerous books, journals, and documents (including a copy of the U.S. Constitution seized from Dr. Al-Arian’s home) as evidence in the case. Judge Moody frequently has instructed the jury that possession of this or that particular document is not illegal. He also instructed the jury that the Palestinian Islamic Jihad had not been designated a terrorist organization by the U.S. government until 1995.
Thus, it appears that that the government has spent two months and a lot of our tax dollars to prove that Dr. Al-Arian has done a lot of perfectly legal things.
Our presence in the courtroom and in front of the courthouse from 11:30 to 12:30 on Monday will show our support for justice and the rights guaranteed by our Constitution.
Please join us at the federal courthouse, 801 N. Florida Ave, on Monday, August 8. You can come for a short time, or stay as long as you like.
Mel
The strange trial of Dr. Al-Arian continues on Monday, August 8, at 9:00 with the ongoing “Reader’s Theatre” as role-playing prosecutors read the translations of wiretapped telephone conversations from 1994. They take on the voices of the various characters and dramatize the evidence, probably hoping this will keep the jury awake!
Much of the past two weeks of testimony by the lead FBI agent has exhibited what can only be seen to be a blatant mischaracterization of Arab and Muslim cultural norms and practices, leading many courtroom observers to conclude that racism is behind much of this prosecution.
Prosecutors have repeatedly attempted to confuse jurors by alluding to common Arabic names and terms of respect and terminology as “aliases.” Though Arabic translators have previously testified that calling one by the name of their firstborn child is a deeply rooted practice in Arab culture, the government has implied that such names by the men in this case are an attempt to conceal their true identities.
Also, in one instance, prosecutors attempted to show that one person mentioned by last name only “Hassanein” in a 1994 telephone conversation was the same person mentioned in another conversation eight years later, in 2002, by two completely different people. One cannot help but conclude that if the name in question was a common English name such as “Smith,” the connection would be deemed laughable by anyone present.
Throughout the past two weeks, the FBI agent who has been on this case for ten years was asked to explain particular words in the course of the conversations that he claims are “code.” He ignored the fact that most of the terms referenced were common slang known in many parts of the Arab world, and not something exclusive to the conversants. The term “rabbit,” for example, is used to refer to a sum of money and is common Egyptian slang. He also did not seem to be aware that the word “family” is frequently used among Palestinians (and almost everyone else, as well!) to refer to immediate and distant relatives. The question on many people’s minds has been, if the defendants in the case were African-American, would a federal agent have dared to insinuate that their common terms were in fact “code” without being labeled a racist?
Ultimately, most people who have been bored by the prosecution’s case have reached the conclusion that this case is much ado about nothing. In the dramatization that I witnessed on Thursday, about an hour and a half was spent on one conversation. The topic? How to help financially struggling students with employment.
During the week, Judge Moody was heard to remark, “At this rate, I may not live long enough to finish this trial.” He sarcastically announced a search for a replacement judge.
The government has introduced numerous books, journals, and documents (including a copy of the U.S. Constitution seized from Dr. Al-Arian’s home) as evidence in the case. Judge Moody frequently has instructed the jury that possession of this or that particular document is not illegal. He also instructed the jury that the Palestinian Islamic Jihad had not been designated a terrorist organization by the U.S. government until 1995.
Thus, it appears that that the government has spent two months and a lot of our tax dollars to prove that Dr. Al-Arian has done a lot of perfectly legal things.
Our presence in the courtroom and in front of the courthouse from 11:30 to 12:30 on Monday will show our support for justice and the rights guaranteed by our Constitution.
Please join us at the federal courthouse, 801 N. Florida Ave, on Monday, August 8. You can come for a short time, or stay as long as you like.
Mel
Friday, July 29, 2005
Life Under Occupation: Al-Arian Trial Update
July 26, 2005
The Latest in Dr. Al-Arian's Trial
Tampa Bay Coalition for Justice and Peace
Dr. Sami Al-Arian's trial entered its seventh week on Monday.
Throughout the trial, many observers have noted that the government
has been giving jurors a distorted, inaccurate and biased
representation of the Palestinian-Israeli conflict, specifically
excluding anything to do with the Palestinians' suffering under
Israeli military occupation (or their circumstances in general). In
fact, Palestinians are only mentioned as perpetrators of violence or
violent acts.
But last week the courtroom finally got a glimpse of life under
occupation, when the government brought Palestinian legislator and
academic Ziad Abu-Amr to testify.
Dr. Abu-Amr was called to testify about an affidavit he wrote in
2000 for the case of Dr. Mazen Al-Najjar (Al-Arian's brother-in-
law), who was detained in the U.S. for nearly four years under the
use of secret evidence. The government had hoped their witness would
prove a charge of obstruction of justice against Dr. Al-Arian, but
instead Dr. Abu-Amr said Dr. Al-Arian had not influenced him in any
way when he drafted his affidavit as an expert witness.
Abu-Amr, a professor at Birzeit University who has published works
on Islamic movements in Palestine, testified about the effects of
Israel's occupation on Palestinians, including the lack of academic
freedom in the occupied territories. One example of this is the
Israeli military's ban on thousands of books from entering
Palestinian territories.
Abu-Amr also explained that Israel's decades-long economic
strangulation of the West Bank and Gaza has left an enormous vacuum
that must filled by local charities, which in turn must be approved
by the Palestinian Authority to operate. Groups operating in the
Palestinian territories offer a high number of social services,
including clinics and kindergartens, he continued. He said the P.A.,
which is poor and inefficient, "could not deliver services to people
all over the occupied territories."
Under cross-examination, Abu-Amr said Israel periodically closes
Palestinian universities. He recalled several occasions in which his
own university was closed for months at a time, and classes were
held in private homes, unions and churches. The ad-hoc university
classes were "raided by the Israeli military," he said.
With the Israeli forces carrying out arrests, deportations, home
demolitions, curfews, school and university closings, travel
restrictions, etc. against Palestinians, "not a Palestinian home
[is] not influenced by the occupation," Abu-Amr said, comparing the
situation to Apartheid South Africa.
Clarifying a number of terms, concepts and figures that have been
distorted thus far, Abu-Amr described the first Palestinian Intifada
as "a popular, peaceful resistance to the Israeli occupation by the
Palestinian population." He said Palestinians use the term "martyr"
to refer to those who sacrificed their lives for the sake of their
country, including those who "die by stray bullets by Israelis."
Also during cross-examination, Dr. Al-Arian's attorney William
Moffitt presented Abu-Amr with a flyer of a lecture in which he
participated over 10 years ago, sponsored by the World and Islam
Studies Enterprise, a think tank Dr. Al-Arian helped found. Abu-Amr
recalled that the event, titled "Palestinian-Israeli Peace
Negotiations: A Palestinian Perspective," was well-attended and
featured well-known, respected and moderate scholars. (see news
report below for more on Abu-Amr's testimony).
During the rest of the week, the government entered evidence (namely
faxes and transcripts of telephone calls acquired as a result of
secret wiretaps on Dr. Al-Arian and several others) through three
government translators. As they did the week before, prosecutors
continued to introduce heavily redacted or edited videotapes and
phone calls. One particularly startling example is a government-
introduced videotape with a one-minute clip of Dr. Al-Arian
speaking, taken from a speech that was originally 90 minutes long.
During cross-examination, many questions were raised about the
accuracy of the translations and the circumstances under which they
were prepared. Under questioning by Moffitt, FBI translator Camille
Ghorra admitted that the FBI pays him over $90,000 a year, and that
he was employed as a taxicab driver before becoming a translator for
the agency in 1997. Furthermore, Moffitt asked Ghorra why he failed
to indicate that Qur'anic verses written on faxes or spoken were in
fact verses from the Qur'an.
---
Tampa Bay Coalition for Justice and Peace
The Latest in Dr. Al-Arian's Trial
Tampa Bay Coalition for Justice and Peace
Dr. Sami Al-Arian's trial entered its seventh week on Monday.
Throughout the trial, many observers have noted that the government
has been giving jurors a distorted, inaccurate and biased
representation of the Palestinian-Israeli conflict, specifically
excluding anything to do with the Palestinians' suffering under
Israeli military occupation (or their circumstances in general). In
fact, Palestinians are only mentioned as perpetrators of violence or
violent acts.
But last week the courtroom finally got a glimpse of life under
occupation, when the government brought Palestinian legislator and
academic Ziad Abu-Amr to testify.
Dr. Abu-Amr was called to testify about an affidavit he wrote in
2000 for the case of Dr. Mazen Al-Najjar (Al-Arian's brother-in-
law), who was detained in the U.S. for nearly four years under the
use of secret evidence. The government had hoped their witness would
prove a charge of obstruction of justice against Dr. Al-Arian, but
instead Dr. Abu-Amr said Dr. Al-Arian had not influenced him in any
way when he drafted his affidavit as an expert witness.
Abu-Amr, a professor at Birzeit University who has published works
on Islamic movements in Palestine, testified about the effects of
Israel's occupation on Palestinians, including the lack of academic
freedom in the occupied territories. One example of this is the
Israeli military's ban on thousands of books from entering
Palestinian territories.
Abu-Amr also explained that Israel's decades-long economic
strangulation of the West Bank and Gaza has left an enormous vacuum
that must filled by local charities, which in turn must be approved
by the Palestinian Authority to operate. Groups operating in the
Palestinian territories offer a high number of social services,
including clinics and kindergartens, he continued. He said the P.A.,
which is poor and inefficient, "could not deliver services to people
all over the occupied territories."
Under cross-examination, Abu-Amr said Israel periodically closes
Palestinian universities. He recalled several occasions in which his
own university was closed for months at a time, and classes were
held in private homes, unions and churches. The ad-hoc university
classes were "raided by the Israeli military," he said.
With the Israeli forces carrying out arrests, deportations, home
demolitions, curfews, school and university closings, travel
restrictions, etc. against Palestinians, "not a Palestinian home
[is] not influenced by the occupation," Abu-Amr said, comparing the
situation to Apartheid South Africa.
Clarifying a number of terms, concepts and figures that have been
distorted thus far, Abu-Amr described the first Palestinian Intifada
as "a popular, peaceful resistance to the Israeli occupation by the
Palestinian population." He said Palestinians use the term "martyr"
to refer to those who sacrificed their lives for the sake of their
country, including those who "die by stray bullets by Israelis."
Also during cross-examination, Dr. Al-Arian's attorney William
Moffitt presented Abu-Amr with a flyer of a lecture in which he
participated over 10 years ago, sponsored by the World and Islam
Studies Enterprise, a think tank Dr. Al-Arian helped found. Abu-Amr
recalled that the event, titled "Palestinian-Israeli Peace
Negotiations: A Palestinian Perspective," was well-attended and
featured well-known, respected and moderate scholars. (see news
report below for more on Abu-Amr's testimony).
During the rest of the week, the government entered evidence (namely
faxes and transcripts of telephone calls acquired as a result of
secret wiretaps on Dr. Al-Arian and several others) through three
government translators. As they did the week before, prosecutors
continued to introduce heavily redacted or edited videotapes and
phone calls. One particularly startling example is a government-
introduced videotape with a one-minute clip of Dr. Al-Arian
speaking, taken from a speech that was originally 90 minutes long.
During cross-examination, many questions were raised about the
accuracy of the translations and the circumstances under which they
were prepared. Under questioning by Moffitt, FBI translator Camille
Ghorra admitted that the FBI pays him over $90,000 a year, and that
he was employed as a taxicab driver before becoming a translator for
the agency in 1997. Furthermore, Moffitt asked Ghorra why he failed
to indicate that Qur'anic verses written on faxes or spoken were in
fact verses from the Qur'an.
---
Tampa Bay Coalition for Justice and Peace
Response to St. Petersburg Times Editorial
Re: Video betrays Al-Arian as victim Series: EDITORIALS; [SOUTH PINELLAS Edition], St. Petersburg Times. St. Petersburg, Fla.: Jul 15, 2005. pg. 14.A
In following the Sami Al-Arian trial, the word of the week was “redacted”, which Judge Moody instructed the jury means “left out”. In preparing transcripts of telephone conversations, documents, etc. for evidence, the government redacted (or left out) line after line. The same is true of the video that was shown last week of Dr. Al-Arian speaking in 1991. As I watched the video, it seemed that every few seconds, something was redacted, but there was no way to tell how much was left out. However, so much was left out that the context was not readily apparent.
The St. Petersburg Times editorial of July 15, “Video betrays Al-Arian as victim”, did not seem to be concerned with these frequent redactions, and also did not seem to be concerned with the situation in Palestine about which Dr. Al-Arian was speaking. In other words, the context from which he was speaking was also redacted. Thus, the reader does not know that in 1991, the first Intifada, or uprising, against the illegal Israeli occupation of Palestine was taking place. The reader also does not know that the first Intifada was largely non-violent, and it was three years before the first suicide bombing occurred. In fact over 140 Palestinians were killed before the first suicide bombing took place. Many of these Palestinian deaths were children, and many were killed with a bullet to the head.
In common usage in the Middle East, while the term “martyr” includes suicide bombers, it is not limited to them. In Palestine, “martyr” also refers to anyone killed by the Israeli army. Thus, all of these children who were killed are referred to as martyrs, and so is British peace activist Tom Hurndall, who was shot between the eyes as he tried to protect school children who were pinned down by Israeli soldiers.
The editorial claims that Dr. Al-Arian is casting “random killing as a form of martyrdom”, but on the contrary Dr. Al-Arian is praising a 5-year-old boy for courageously throwing stones at the Israeli tanks and uzis that are attacking his home. He refers to the 5-year-old boy as a martyr because he is killed by Israeli soldiers, not because the 5-year-old boy was a suicide bomber! (Although I do find it hard to believe that the Times editors were not aware that no five-year-old Palestinians have blown themselves up!) In his book of poetry, Conspiring Against Joseph, Dr. Al-Arian also refers to Rachel Corrie as a martyr. Rachel Corrie was the 23-year-old year American peace activist who was killed by an Israeli bulldozer as she tried to prevent a home demolition.
This context of what was going on at the time in Palestine has as yet not been allowed in the court room, although without the context it will be very difficult for the jury to understand what is going on. This context also has not been provided by our local media. In fact, the media has already contributed greatly to the gross unfairness of this trial, and I was very disappointed to see it continuing as a policy of the St. Petersburg Times editorial board. Dr. Al-Arian has not been tried yet, and he is still presumed to be innocent by thinking Americans.
Since very few people seem to have any knowledge of the historical context of the current situation (including people at the Times), I refer you to the website If Americans Knew www.ifamericansknew.org. This website was started by an American journalist, Alison Weir. Another informative site is B’tSelem – the Israeli Information Center for Human Rights in the Occupied Territories www.btselem.org/English.
Without a knowledge of the facts of the situation, there can never be justice.
Melva Underbakke
In following the Sami Al-Arian trial, the word of the week was “redacted”, which Judge Moody instructed the jury means “left out”. In preparing transcripts of telephone conversations, documents, etc. for evidence, the government redacted (or left out) line after line. The same is true of the video that was shown last week of Dr. Al-Arian speaking in 1991. As I watched the video, it seemed that every few seconds, something was redacted, but there was no way to tell how much was left out. However, so much was left out that the context was not readily apparent.
The St. Petersburg Times editorial of July 15, “Video betrays Al-Arian as victim”, did not seem to be concerned with these frequent redactions, and also did not seem to be concerned with the situation in Palestine about which Dr. Al-Arian was speaking. In other words, the context from which he was speaking was also redacted. Thus, the reader does not know that in 1991, the first Intifada, or uprising, against the illegal Israeli occupation of Palestine was taking place. The reader also does not know that the first Intifada was largely non-violent, and it was three years before the first suicide bombing occurred. In fact over 140 Palestinians were killed before the first suicide bombing took place. Many of these Palestinian deaths were children, and many were killed with a bullet to the head.
In common usage in the Middle East, while the term “martyr” includes suicide bombers, it is not limited to them. In Palestine, “martyr” also refers to anyone killed by the Israeli army. Thus, all of these children who were killed are referred to as martyrs, and so is British peace activist Tom Hurndall, who was shot between the eyes as he tried to protect school children who were pinned down by Israeli soldiers.
The editorial claims that Dr. Al-Arian is casting “random killing as a form of martyrdom”, but on the contrary Dr. Al-Arian is praising a 5-year-old boy for courageously throwing stones at the Israeli tanks and uzis that are attacking his home. He refers to the 5-year-old boy as a martyr because he is killed by Israeli soldiers, not because the 5-year-old boy was a suicide bomber! (Although I do find it hard to believe that the Times editors were not aware that no five-year-old Palestinians have blown themselves up!) In his book of poetry, Conspiring Against Joseph, Dr. Al-Arian also refers to Rachel Corrie as a martyr. Rachel Corrie was the 23-year-old year American peace activist who was killed by an Israeli bulldozer as she tried to prevent a home demolition.
This context of what was going on at the time in Palestine has as yet not been allowed in the court room, although without the context it will be very difficult for the jury to understand what is going on. This context also has not been provided by our local media. In fact, the media has already contributed greatly to the gross unfairness of this trial, and I was very disappointed to see it continuing as a policy of the St. Petersburg Times editorial board. Dr. Al-Arian has not been tried yet, and he is still presumed to be innocent by thinking Americans.
Since very few people seem to have any knowledge of the historical context of the current situation (including people at the Times), I refer you to the website If Americans Knew www.ifamericansknew.org. This website was started by an American journalist, Alison Weir. Another informative site is B’tSelem – the Israeli Information Center for Human Rights in the Occupied Territories www.btselem.org/English.
Without a knowledge of the facts of the situation, there can never be justice.
Melva Underbakke
Sunday, July 24, 2005
July 20, 2005 - Summary of Meeting
Friends of Human rights met on Wednesday, July 20, to share reflections on the trial so far and to discuss future actions. Our premise has been that Dr. Al-Arian and Mr. Hammoudeh have not been treated fairly or in accordance with the U.S. Constitution, and that a fair trial for all defendants will be elusive because of the actions of the government and the local bias created by the actions of the media.
Our goal has been to demonstrate to the jury that many local people are concerned about the treatment and bias, and we want the conditions and trial to be brought up to the standards of our Constitution and the moral and spiritual values of America.
To accomplish this goal, we have held demonstrations outside the Federal Courthouse on Mondays at noon, and we have attempted to have a presence in the courtroom as often as possible.
We feel that we have been having an effect (as does the prosecution apparently), and we should continue. We discussed what we could do to be the most effective, and reached the following conclusions through consensus:
Showing support in the courtroom is very important. We will be the most effective if the jury can identify with us and think we are just like them. In order to make a strong and positive effect on the jury, need to be quiet and respectful of everyone in the courtroom. It is not necessary to stay all day – spectators can come and go as they please. Even if we are only there for 30 minutes, the jury will see us.
We will continue having the presence in front of the courthouse from 11:30 to 12:30 (or longer) on Mondays. The signs have been excellent because they focus on civil and human rights. The group felt we would make a more powerful statement if we spread out a little along Florida Avenue, facing Florida Avenue with the signs and stand in silent witness to the need for a fair trial, etc.
We are having a positive effect and thanks to everyone who has participated.
Please keep coming, and bring friends!
--- Melva
Our goal has been to demonstrate to the jury that many local people are concerned about the treatment and bias, and we want the conditions and trial to be brought up to the standards of our Constitution and the moral and spiritual values of America.
To accomplish this goal, we have held demonstrations outside the Federal Courthouse on Mondays at noon, and we have attempted to have a presence in the courtroom as often as possible.
We feel that we have been having an effect (as does the prosecution apparently), and we should continue. We discussed what we could do to be the most effective, and reached the following conclusions through consensus:
Showing support in the courtroom is very important. We will be the most effective if the jury can identify with us and think we are just like them. In order to make a strong and positive effect on the jury, need to be quiet and respectful of everyone in the courtroom. It is not necessary to stay all day – spectators can come and go as they please. Even if we are only there for 30 minutes, the jury will see us.
We will continue having the presence in front of the courthouse from 11:30 to 12:30 (or longer) on Mondays. The signs have been excellent because they focus on civil and human rights. The group felt we would make a more powerful statement if we spread out a little along Florida Avenue, facing Florida Avenue with the signs and stand in silent witness to the need for a fair trial, etc.
We are having a positive effect and thanks to everyone who has participated.
Please keep coming, and bring friends!
--- Melva
Tuesday, May 17, 2005
The Trial of Dr. Sami Al-Arian- The First Day
by Melva Underbakke
May 16, 2005
The first day of jury selection in the trial of Dr. Sami Al-Arian was held on Monday, May 16, 2005, Judge Moody presiding. Potential jurors (who were identified by numbers only) filled up the courtroom on the 13th floor, and so reporters, the public, and the artist watched via television from a room on the fifth floor of the Sam Gibbons Federal Courthouse.
Unlike many previous hearings, Dr. Al-Arian was present, looking very nice in a suit and tie.
There were 57 potential jurors to interview. The session began with general instructions, such as the need for taking notes. And the need for impartiality, which means they can receive no information about the case outside of the courtroom until the verdict is in. No talking to friends, no watching TV about the case, no reading the newspaper about the case, etc.
Judge Moody began with the basic premise that the burden is on the government to prove that Dr. Al-Arian is guilty “beyond a reasonable doubt.” The defendant doesn’t have to prove anything. He is innocent until proven guilty.
Following general instructions, the candidates were interviewed five at a time. They were first questioned by the prosecutors and then by the defense. Questions focused on how they would feel if the defendant did not testify (Fifth Amendment), their attitudes toward free speech and whether or not it extends to non-citizens, how they felt about people who were different from them, how much the publicity in the area has affected them, their attitudes toward the media, and the level of hardship they would face during a trial lasting at least six months.
Most of these potentials jurors did not make the cut. What follows are some of the responses that led to exclusion by the judge.
Jury 22 had followed the case from the beginning – the “O”Reilly Factor”, and could not set that aside. This respondent also felt that sometimes it was all right to criticize the government, but that “there are different types of criticism”.
One had formed a ‘pretty strong opinion already”. Another wasn’t sure of the charges, but she didn’t think she could be fair.
And yet another thought that Palestinians were responsible 9-11. Even information from the prosecutors that this was not true did not change this opinion. The possible juror still said that while he would like to set things aside, he wasn’t sure that he could.
People were excused from jury duty sometimes for reasons of hardship, but usually for reasons of bias. Unfortunately, many of the people who were retained also showed bias. For example, one prospective juror did not think the government would waste so much time and money unless they had a very good case, and another felt that the right to criticize the government should not be extended to non-citizens.
Of the 47 potential jurors questioned in person on the first day, only 11 were retained. A very high proportion of possible jurors have shown they cannot be impartial, and even some of those who were not excused showed a large amount of bias.
At the end of the first day, I wonder how can Dr. Al-Arian ever get a fair trial?
Correction - The Trial of Dr. Sami Al-Arian- The First Day
May 16, 2005
My earlier report on the first day of jury selection contained some errors in the numbers. Actually, most of the potential jurors were retained, although many of these exhibited bias. Unless they said that they could not put the bias aside and be impartial, they were retained as potential jurors.
I apologize for the mix-up. The lesson is, don’t write too late at night!
Mel
May 16, 2005
The first day of jury selection in the trial of Dr. Sami Al-Arian was held on Monday, May 16, 2005, Judge Moody presiding. Potential jurors (who were identified by numbers only) filled up the courtroom on the 13th floor, and so reporters, the public, and the artist watched via television from a room on the fifth floor of the Sam Gibbons Federal Courthouse.
Unlike many previous hearings, Dr. Al-Arian was present, looking very nice in a suit and tie.
There were 57 potential jurors to interview. The session began with general instructions, such as the need for taking notes. And the need for impartiality, which means they can receive no information about the case outside of the courtroom until the verdict is in. No talking to friends, no watching TV about the case, no reading the newspaper about the case, etc.
Judge Moody began with the basic premise that the burden is on the government to prove that Dr. Al-Arian is guilty “beyond a reasonable doubt.” The defendant doesn’t have to prove anything. He is innocent until proven guilty.
Following general instructions, the candidates were interviewed five at a time. They were first questioned by the prosecutors and then by the defense. Questions focused on how they would feel if the defendant did not testify (Fifth Amendment), their attitudes toward free speech and whether or not it extends to non-citizens, how they felt about people who were different from them, how much the publicity in the area has affected them, their attitudes toward the media, and the level of hardship they would face during a trial lasting at least six months.
Most of these potentials jurors did not make the cut. What follows are some of the responses that led to exclusion by the judge.
Jury 22 had followed the case from the beginning – the “O”Reilly Factor”, and could not set that aside. This respondent also felt that sometimes it was all right to criticize the government, but that “there are different types of criticism”.
One had formed a ‘pretty strong opinion already”. Another wasn’t sure of the charges, but she didn’t think she could be fair.
And yet another thought that Palestinians were responsible 9-11. Even information from the prosecutors that this was not true did not change this opinion. The possible juror still said that while he would like to set things aside, he wasn’t sure that he could.
People were excused from jury duty sometimes for reasons of hardship, but usually for reasons of bias. Unfortunately, many of the people who were retained also showed bias. For example, one prospective juror did not think the government would waste so much time and money unless they had a very good case, and another felt that the right to criticize the government should not be extended to non-citizens.
Of the 47 potential jurors questioned in person on the first day, only 11 were retained. A very high proportion of possible jurors have shown they cannot be impartial, and even some of those who were not excused showed a large amount of bias.
At the end of the first day, I wonder how can Dr. Al-Arian ever get a fair trial?
Correction - The Trial of Dr. Sami Al-Arian- The First Day
May 16, 2005
My earlier report on the first day of jury selection contained some errors in the numbers. Actually, most of the potential jurors were retained, although many of these exhibited bias. Unless they said that they could not put the bias aside and be impartial, they were retained as potential jurors.
I apologize for the mix-up. The lesson is, don’t write too late at night!
Mel
Thursday, April 28, 2005
Call for Fair Trial Sami Al Arian
April 27, 2005
First United Church (UCC) of Tampa, Florida
7308 E. Fowler Ave.
Tampa, FL 33617 www.ucctampabay.org
Dear fellow religious and community leaders:
The Church Council of First United Church (UCC) of Tampa voted unanimously on April 24 to call for a fair trial for Dr. Sami Al Arian and two co-defendants. We have been following this case closely for two years, and have come to believe that to receive a trial by a fair and impartial jury of ones peers, the trial needs to be moved from Tampa, Florida. We are calling upon churches, organizations, church bodies, religious leaders and individuals to join us in calling for a change of venue should the lawyers of the defendants request it. We believe the timing for such a change of venue is quite soon.
Below find:
> Background information page, and call for a fair trial. Please fill this out and e-mail to ucctampa@juno.org, our churchs e-mail address.
> Our churchs letter to the judge overseeing the trials.
We hope that you will seriously consider joining in a call for a fair trial.
In Jesus call for justice and peace,
Pastor Warren Clark
Dr. Sami Al Arian: Background:
On February 20, 2003, former University of South Florida professor Dr. Sami Al-Arian was arrested at his home in a pre-dawn raid by federal agents. Since 1995, Dr. Al-Arian had been the subject of a federal investigation stemming from his views in support of Palestinian human rights. Before being imprisoned, Dr. Al-Arian worked as an advocate for the Muslim community, as well as a voice for freedom and justice at home and around the world. In 1990, he co-founded the World and Islam Studies Enterprise (WISE), a research and academic institution dedicated to promoting dialogue between the Muslim and Western worlds. Newsweek magazine named him the premier civil rights activist in America for his efforts to repeal the use of secret evidence. Dr. Al-Arian attended briefings at the White House and Justice Department, advised several members of Congress, and met both Presidents Clinton and Bush.
For almost two years, Dr. Al Arian was held in a small concrete box room in a Federal prison, isolated from everyone but his co-defendant. Contact with his attorneys to prepare for the trial was often severely limited.
As the trial nears, polls of potential jurors in the Tampa area indicate high percentages of strong bias against Muslims, and against Dr. Al Arian in particular. This is in part due to over ten years of heavily slanted reporting by a major area newspaper, and the use of Dr. Al Arians case in massive campaign ads by a major party candidate for US Senate to attack the other candidate. In America, the rule of law calls for a trial by a fair and impartial jury of ones peers. This may not be possible in Tampa, Florida.
Call for a Fair Trial:
I am concerned about the unusual handling of his case from the outset. I am concerned about the harsh and unusual conditions of his pre-trial imprisonment. I urge Judge Moody who is overseeing this trial to order a change of venue to another location outside the state of Florida where polls of potential jurors would indicate lower levels of bias. More than anything else, I want there to be a fair trial. This is crucial for the confidence of the American people in the impartiality of the justice system.
Name of Individual or Organization:
Address:
E-Mail:
Contact person (if organization):
Date:
Please copy call for a fair trial and reply to: ucctampa@juno.com
First United Churchs Letter to the Judge April 24, 2005
The Policy Statement on Civil Liberties of First United Church (UCC) of Tampa, Florida, affirms our support for those persons who are being denied their constitutional rights under the guise of threats to our security. A key constitutional right is that all persons are considered innocent until proven guilty, and that they receive fair trials. Recent polls of potential Hillsborough County (Tampa) jurors in the trials of Dr. Sami Al Arian and co-defendants indicate deeply held bias against Muslims, and against Dr. Sami Al Arian in particular. This may be due to over a decade of slanted media coverage by one of the areas leading newspapers, and widespread political campaign ads by a major party candidate for US Senate that used accusations against Dr. Al Arian to attack the other candidate.
In alignment with our congregations Policy on Civil Liberties, and public statements by the United Church of Christ, we call upon the judge in charge of these trials to change their venues to another federal judicial district such as Atlanta, GA, where polls of potential jurors indicate a lower level of bias. We believe that this change of venue is crucial to a trial by a fair and impartial jury of ones peers for Dr. Al Arian and his co-defendants. Without a fair trial , the people of our area will never know for sure if the defendants are guilty or innocent. Of equal importance, the people will not know if their government has conducted this investigation and prosecution in a manner that seeks above all else to determine actual guilt or innocence of those accused.
We also call upon other congregations, organizations, church bodies and individuals to join us in this call for a change of venue.
Jim Christison, Moderator Dr. Warren Clark, Pastor
First United Church (UCC) of Tampa, Florida
7308 E. Fowler Ave.
Tampa, FL 33617 www.ucctampabay.org
Dear fellow religious and community leaders:
The Church Council of First United Church (UCC) of Tampa voted unanimously on April 24 to call for a fair trial for Dr. Sami Al Arian and two co-defendants. We have been following this case closely for two years, and have come to believe that to receive a trial by a fair and impartial jury of ones peers, the trial needs to be moved from Tampa, Florida. We are calling upon churches, organizations, church bodies, religious leaders and individuals to join us in calling for a change of venue should the lawyers of the defendants request it. We believe the timing for such a change of venue is quite soon.
Below find:
> Background information page, and call for a fair trial. Please fill this out and e-mail to ucctampa@juno.org, our churchs e-mail address.
> Our churchs letter to the judge overseeing the trials.
We hope that you will seriously consider joining in a call for a fair trial.
In Jesus call for justice and peace,
Pastor Warren Clark
Dr. Sami Al Arian: Background:
On February 20, 2003, former University of South Florida professor Dr. Sami Al-Arian was arrested at his home in a pre-dawn raid by federal agents. Since 1995, Dr. Al-Arian had been the subject of a federal investigation stemming from his views in support of Palestinian human rights. Before being imprisoned, Dr. Al-Arian worked as an advocate for the Muslim community, as well as a voice for freedom and justice at home and around the world. In 1990, he co-founded the World and Islam Studies Enterprise (WISE), a research and academic institution dedicated to promoting dialogue between the Muslim and Western worlds. Newsweek magazine named him the premier civil rights activist in America for his efforts to repeal the use of secret evidence. Dr. Al-Arian attended briefings at the White House and Justice Department, advised several members of Congress, and met both Presidents Clinton and Bush.
For almost two years, Dr. Al Arian was held in a small concrete box room in a Federal prison, isolated from everyone but his co-defendant. Contact with his attorneys to prepare for the trial was often severely limited.
As the trial nears, polls of potential jurors in the Tampa area indicate high percentages of strong bias against Muslims, and against Dr. Al Arian in particular. This is in part due to over ten years of heavily slanted reporting by a major area newspaper, and the use of Dr. Al Arians case in massive campaign ads by a major party candidate for US Senate to attack the other candidate. In America, the rule of law calls for a trial by a fair and impartial jury of ones peers. This may not be possible in Tampa, Florida.
Call for a Fair Trial:
I am concerned about the unusual handling of his case from the outset. I am concerned about the harsh and unusual conditions of his pre-trial imprisonment. I urge Judge Moody who is overseeing this trial to order a change of venue to another location outside the state of Florida where polls of potential jurors would indicate lower levels of bias. More than anything else, I want there to be a fair trial. This is crucial for the confidence of the American people in the impartiality of the justice system.
Name of Individual or Organization:
Address:
E-Mail:
Contact person (if organization):
Date:
Please copy call for a fair trial and reply to: ucctampa@juno.com
First United Churchs Letter to the Judge April 24, 2005
The Policy Statement on Civil Liberties of First United Church (UCC) of Tampa, Florida, affirms our support for those persons who are being denied their constitutional rights under the guise of threats to our security. A key constitutional right is that all persons are considered innocent until proven guilty, and that they receive fair trials. Recent polls of potential Hillsborough County (Tampa) jurors in the trials of Dr. Sami Al Arian and co-defendants indicate deeply held bias against Muslims, and against Dr. Sami Al Arian in particular. This may be due to over a decade of slanted media coverage by one of the areas leading newspapers, and widespread political campaign ads by a major party candidate for US Senate that used accusations against Dr. Al Arian to attack the other candidate.
In alignment with our congregations Policy on Civil Liberties, and public statements by the United Church of Christ, we call upon the judge in charge of these trials to change their venues to another federal judicial district such as Atlanta, GA, where polls of potential jurors indicate a lower level of bias. We believe that this change of venue is crucial to a trial by a fair and impartial jury of ones peers for Dr. Al Arian and his co-defendants. Without a fair trial , the people of our area will never know for sure if the defendants are guilty or innocent. Of equal importance, the people will not know if their government has conducted this investigation and prosecution in a manner that seeks above all else to determine actual guilt or innocence of those accused.
We also call upon other congregations, organizations, church bodies and individuals to join us in this call for a change of venue.
Jim Christison, Moderator Dr. Warren Clark, Pastor
Saturday, April 16, 2005
Friends of Human Rights Meeting Summary April 13, 2005
Meeting Summary
April 13, 2005
1. The Tampa Tribune is planning a series of articles about Dr. Al-Arian’s case to be printed shortly before the trial begins. Michael Fechter is apparently going to be writing one of these articles. We decided to send a letter protesting this.
2. We decided to send regular appeals for letters to the Tampa Tribune and the St. Petersburg Times, with a request for a copy of the letter to be sent to Friends (melvau@earthlink.net) in order to monitor the numbers of letters that are being printed, and to publish the letters that are not printed in the alternative media. Our first concern will be jury bias and the need for a change of venue for the trial.
(As a point of information – the Managing Editor of the St. Pete Times is Steve Buckley)
3. The documentary “Unconstitutional”, put out by the ACLU, details the abuses of the “PATRIOT” Act and how it affects all of us. We will search for as many venues as possible. It will be shown on Wednesday, May 11, at First United Church. Warren will contact Vicki Walker at Hyde Park Church to explore the possibility of screening it there. Mel and Nahla will take a copy to her. Ahmed Bedier will try to arrange a WMNF showing at a larger theater. Mel will contact St. Pete for Peace to see if they could arrange a showing in Pinellas County.
4. In order to avoid future conflicts with Wednesday night dinners at First United, meetings of Friends of Human Rights will be held on the 1st and 3rd Wednesdays of each month.
