One of the first big show trials here in the post-9/11 homeland was of a Muslim professor from Florida, now 49, Sami Al-Arian. Pro-Israel hawks had resented this computer professor at the University of South Florida long before Atta and the hijackers flew their planes into the Trade Towers because they saw Al-Arian, a Palestinian born in Kuwait of parents kicked out of their homeland in 1948, as an effective agitator here for the Palestinian cause. As John Sugg, a fine journalist based in Tampa who’s followed Al-Arian’s tribulations for years, wrote in the spring of 2006:
“When was Al-Arian important? More than a decade ago, when Israel’s Likudniks in the United States, such as [Steven] Emerson, were working feverishly to undermine the Oslo peace process. No Arab voice could be tolerated, and Al-Arian was vigorously trying to communicate with our government and its leaders. He was being successful, making speeches to intelligence and military commanders at MacDill AFB’s Central Command, inviting the FBI and other officials to attend meetings of his groups. People were beginning to listen.”
At the direct instigation of Attorney General Ashcroft, the Feds threw the book at Al-Arian in February 2003. He was arrested with much fanfare and charged in a bloated terrorism and conspiracy case. He spent two and a half years in prison, in solitary confinement under atrocious conditions. To confer with his lawyers, he had to hobble half a mile, hands and feet shackled, his law files balanced on his back.
The six-month trial in US District Court in Tampa featured eighty government witnesses (including twenty-one from Israel) and 400 intercepted phone calls (the result of a decade of surveillance and half a million recorded calls). One bit of evidence consisted of a conversation a co-defendant had with Al-Arian in his dream. The defense rested without calling a single witness or presenting any evidence, since the government’s case rested entirely on First Amendment-protected activities.
The man presiding over Al-Arian’s trial was US District Court Judge James Moody, a creature from the dark lagoon of Floridian jurisprudence. Hospitable to all testimony from Israelis, Moody ruled that Al-Arian and his associates could not say a single word about the military occupation or the plight of the Palestinian people. During closing arguments, the prosecution noted a document that mentioned UN Resolution 242. Moody nixed that on the grounds that it showed Palestinians in altogether too warm a light and therefore might tax the objectivity of the jurors.
In December 2005, despite Moody’s diligence, the jury acquitted Al-Arian of the most serious charges. On those remaining, the usual prosecutorial flailings under conspiracy statutes, jurors voted 10 to 2 for acquittal. Two co-defendants were acquitted completely. It was a terrible humiliation for the Justice Department, which had flung an estimated $50 million into the trial.
A jury split 10 to 2 in a defendant’s favor doesn’t augur well for conviction in a retrial. But the Feds insisted they wanted to put Al-Arian through the wringer again and–prudently, given Moody’s prejudice–Al-Arian’s lawyers urged him to make a plea and put an end to his ordeal.