'Failed Case Seen As Blow To Terror War'

But Many Muslim-Americans See The Acquittal Of
Sami al-Arian As A Vindication Of US Justice.

by-Warren Richey
December 08, 2005
The Christian Science Monitor

Washington--The failure of a major federal prosecution of a suspected terrorist supporter is drawing two radically different reactions.

Many Muslim-Americans are hailing the acquittal of former college professor and Palestinian activist Sami al-Arian as a vindication of the US System Justice. But others see the outcome of the five-month federal trial in Tampa as a set back to US government efforts to halt the flow of money and other support to illicit Islamic and Arab causes in the Middle East. And could undercut the governments credibility in future cases.

The trial of Mr. Arian was billed as a showcase of how beefed-up investigative powers authorized under the Patriot Act were helping protect the nation from a repeat of the 9/11 attacks. But on Tuesday, a federal jury in Tampa acquitted him on some terror support and murder conspiracy charges and deadlocked on others.

Arian's acquittal comes two weeks after the government announced its intention to move suspected terrorist Jose Padilla from military custody in South Carolina to a Miami federal lockup. The government is seeking to put Mr. Padilla on trial--not on its original allegations that he was planning to build a radiological or so-called "dirty" bomb, but rather on charges that he associated with others in Florida who allegedly supported militant muslim causes.

The approach is similar to the al-Arian prosecution that relied heavily on his association and communication with suspected terrorists in the Middile East. Critics see a government attempt to prove guilt by association.

Defense lawyers said his fundraising was oriented toward legitimate charity for needy Palestinians, not to help perpetuate the cycle of violence in the Middle East.

After 13 days of deliberations, the jury in Arian's trial found him not guilty of eight of the 17 charges in his indictment. He was cleared of charges that he conspired to murder and maim individuals in Israel, and that he had provided material support to a terror group.

Federal prosecutors are considering whether to retry Arian on the hung-jury counts.

Several jurors have been quoted in the media as saying that the government failed to present enough evidence to support the charges.

The trial itself revolved around a more fundamental issue. Defense lawyers argued that the case against Arian was political, that he was being punished for having a different--and unpopular--perspective on the Palestinian-Israeli conflict.

Many Arabs and Muslims in the US were closely monitoring the Arian case but were fearful to speak out about what they saw as an effort to paint Arian as a terrorist because of his religious and political beliefs. To them, the jury verdict was a welcome surprise.

"This restores our faith in the American Justice System," says Ahmad Bedier, Florida representative of the Council on American-Islamic Relations (CAIR). "It sends an important message that in post 9/11 america, Muslims can get a fair trial."

courtesy of:
http://csmonitor.com/2005/1208/p03s03-usju.html