Of course, Al-Arian's release is hypothetical at this time and is being drummed up by his supporters.
According to the Tampa Bay Tribune report,
Charles Rose, a law professor at Stetson University, said if he were Al-Arian's attorney, he would have strongly advised him not to testify with the immunity order he was given. The order put Al-Arian at high risk of criminal prosecution, no matter what he did, Rose said.The court is expected to rule on Al-Arian's request in mid-January 2009.
"This was in no way done for the benefit of the defendant," Rose said.
One reason is that obstruction of justice is not a clearly defined crime, Rose said. Prosecutors have a lot of leeway in deciding when to bring such charges. With obstruction of justice added to the immunity order, the prosecutor could decide Al-Arian was obstructing justice if the prosecutor didn't like Al-Arian's testimony before the grand jury.
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