Monday, December 22, 2008

Sami Al-Arian - About to catch a break?

Admitted terror supporter Sami Al-Arian might catch a break next month when a court rules on a motion to dismiss contempt charges. Al-Arian's request is based upon the prosecutor's strengthening of the plea agreement Al-Arian signed in connection with his admitted support of Islamic Jihad, a violent terror group responsible for the murder of many dozens of civilians in Israel.

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.

"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.
The court is expected to rule on Al-Arian's request in mid-January 2009.

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