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The year 2002 - 2003:
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September: 8/21/02 - 9/26/02
Looming Clouds: 9/27/02 - 11/04/02
Anticipation: 11/05/02 - 12/31/02
Transitions: 1/01/02 - 2/19/03
Indictment: 2/20/03 - 2/21/03
Termination: 2/22/03 - 2/28/03
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A Greater Circle: 3/20/03 - 3/28/03
Recent News: 3/29/03 -
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The Indictment

Links on February 20, 21, 2003

On February 20, 2003, Sami Al-Arian was arrested on a 50-count indictment for violations of the racketeering and other federal laws. Al-Arian, the Department of Justice claimed, was one of those enablers who handle the nuts and bolts of a lethal organization. He did not commit the acts of terror himself, so the Department said, he merely made them possible. The case was built on a vast array of intercepted communications, but the way these communications were obtained, transcribed, translated, and interpreted threatened to make this, as one astute young fellow suggested (with depressing enthusiasm) the most complicated legal muddle since the O.J. trial.

The indictment immediately changed the politics and the legalities of the situation. Some of Al-Arian's critics claimed vindication, and went on an offensive against Muslims, academics, leftists, etc. It was a complicated moment for those, like the United Faculty of Florida, who had taken the more subtle position of supporting Al-Arian's rights. Such subtlety was lost as many people (including some who should have known better) saw the union's position as support for Al-Arian himself.

These links are in a very rough chronological order, and will be updated as events develop. Again, links marked with an asterisk (*) are to the LEXIS-NEXIS site: this is restricted to on-campus users and requires that the user do a search; two asterisks (**) apply to other restrictions.

WARNING ABOUT `LINK ROT': Some websites take pages down, or restrict access to them, after some time passes. So unfortunately, some of the links on these pages will be inoperative. However, most of the items can be found by searching lexis-nexis.

Here are links back to the site map, to the main Al-Arian page of this site, and to the main UFF/USF page.

Every man
has the right
to be presumed innocent
until ...
caught
- Walt Kelly

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spacer Previous:
Transitions
1/01/03 - 2/19/03
Next:
Termination
2/22/03 - 2/28/03
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Counter-Proposal

But first ... On Feb. 20, the UFF proposed to the Board of Trustees that they file a petition for an ``amended certification.'' Such a petition would propose to the Public Employees Relations Commission that the old certification (of UFF representing faculty and the Florida Board of Education being the employer) be changed so that the Board of Trustees would be the employer, but otherwise there would be no changes from the status quo of Jan. 7, when the contract was in force. The proposal was presented in a presentation by Chapter Vice President Mark Klisch, who departed from prepared notes in his presentation.

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Zeus Descending

On the morning of Feb. 20, Al-Arian, a USF doctoral student (Sameeh Hammoudeh), and two others in the United States were arrested for violations of the Racketeer Influenced and Corrupt Organizations (RICO) act (Title 42 of the U.S. Code, Chapter 96). The Department of Justice announced that Members of the Palestinian Islamic Jihad arrested, charged with racketeering and conspiracy to provide support for terrorists. The 50-count indictment lists eight men, including Al-Arian, as senior members of the Palestinian Islamic Jihad (PIJ). The indictment describes Al-Arian as the North American leader of the PIJ.
spacer The indictment (a 121-page .pdf file) (United States District Court, Middle District of Florida) names eight defendents: Sami Amin Al-Arian, Ramadan Abdullah Shallah (current Secretary-General of the Palestinian Islamic Jihad), Bashir Musa Nafi (in Great Britain), Sameeh Hammoudeh, Abd Al Aziz Awda, Ghassan Zayed Ballut, and Hatim Naji Fariz. The indictment also lists an Unindicted Co-conspirator Twelve (apparently Mazen Al-Najjar). Here is a brief synopsis of the indictment (the careful reader may want to compare the following with the timeline in the Before Sept. 11 page). Most of the indictment consists of Count One, Conspiracy to commit racketeering. First there are 42 allegations that lack specifics about the crime alleged (date, place, etc). Two major points:

  • On January 23, 1995, President Clinton issued Executive Order 12947 which, among other things, proscribed financial transactions with the PIJ or HAMAS. And on October 8, 1997, Secretary of State Albright designated the PIJ and HAMAS as terrorist organizations, making it illegal to give them material resources or support.
  • The eight defendents are accused of forming a PIJ Enterprise, which the indictment contends recruited members, committed violent crimes (including murder), carried out public relations functions, and manages finances and other nuts & bolts operations for the PIJ. The PIJ Enterprise also used covert means to assist PIJ operatives and terrorists.
Then finally allegation 43, which is the heart of the indictment, gets to specifics. It consists of 256 ``overt acts.''
  • The first 22 overt acts, covering December 22, 1988 to Dec. 30, 1993 (recall that the Intifada started in December, 1987, and ended in late 1993), are a melange alleging that he said vicious things, praised vicious things, was praised for vicious things, that other vicious people did vicious things, that people transferred money from here to there for unknown reasons, and that Al-Arian ``filed a false application'' for citizenship.
  • Overt acts 23 to 121 cover Jan. 9, 1994 to Jan. 22, 1995, the period that the Palestinian Authority was coming into being, before Executive Order 12947. It enumerates a long sequence of intercepted telephone conversations and fax transmissions. They describe a fractious discussion of money (mostly in the range of thousands or tens of thousands of dollars), money management, lines of authority, etc. Interspersed are communications on lethal acts of violence in the Israel or the Occupied Territories. By Fall, the acts consist largely of fax transmissions of press releases.
  • Overt acts 122 (Jan. 25, 1995) to 124 (Feb. 6, 1995) involve discussions of Executive Order 12947. An otherwise unidentified Unindicted Co-Conspirator Four appears.
  • Overt Acts 125 (Feb. 6, 1995) to 150 (April 7, 1995) involve more public relations, finances, and occasional violence (these seem to be discussions occurring in the aftermath of violence). The careful reader of the Before Sept. 11 page may recall that during this semester, Al-Najjar had visa troubles (his salary was paid directly to WISE for legal reasons) and Shallah's classroom performance was deteriorating: Shallah would leave USF at the end of the semester, reporting that his father was ill.
  • Overt Act 151 is the April 9, 1995 PIJ bombing that killed Aliza Flatow, a 20-year-old American, while riding a bus in Gaza. Overt Acts 152 and 153 concerned communications involving the defendents in the aftermath.
  • Overt Acts 154 (April 11, 1995) to 180 (Oct. 25, 1995) involved more such communications, with more nervousness, concerns about an investigation by a local newspaper, general problems with the media, and plans for defendents to distance themselves from each other.
  • Overt Act 181 (on or about Oct. 30, 1995) has an ``Unindicted Co-Conspirator Two'' telling Al-Arian that PIJ Secretary General Fathi Shikaki was assassinated. Overt Acts 182 (Oct. 31, 1995) to 184 (Nov. 2, 1995) concern the fallout from Shallah's appointment as PIJ General Secretary. (Recall that PIJ General Secretary Fathi Shikaki was assassinated in late October, 1995, and succeeded by Ramadan Shallah.)
  • Overt Acts 185 and 186 (on or about Nov. 20, 1995) describe some items siezed during the FBI searches of Al-Arian's offices and home. These include a ``Manifesto of the PIJ,'' a letter from 1992, a pact between PIJ and HAMAS, a description of a hostile intelligence apparatus within the USA, and a letter dated (but was it sent?) Jan. 22, 1995, asking for money for PIJ operations. Overt Acts 187 (Dec. 8, 1995) to 189 (Jan. 11, 1996) consist of conversations.
  • Overt Act 190 is a March 4, 1996 PIJ bombing that wounded two Americans.
  • Overt Acts 191 (Sept. 14, 1996) to 194 (on or about Mar. 17) consist of suggestive communications.
  • On May 19, 1997, Mazen Al-Najjar was arrested for visa violations.
  • Overt Acts 195 (Aug. 11, 1997) to 222 (Aug. 8, 2000) largely consist of coded messages with financial interpretations, more financial discussions (some of which seem out of place, e.g., in Act 220, Hammoudeh wants a raise).
  • Overt Acts 223 (Aug. 8, 2000) to 226 (Aug. 24, 2000) concerned a difficulty in getting terrorism expert Ziad Abu Amr to testify at an INS hearing in support of Unindicted Co-Conspirator Twelve. (Al-Najjar was released Dec. 15, 2000, after the Oct. 27 hearing, when Judge Kevin McHugh ruled that ``The court has not been presented with any [non-secret] evidence linking (Al-Najjar) to the Palestinian Islamic Jihad.'')
  • Overt Acts 227 (on or about Oct. 10, 2000) to 237 (June 5, 2002) describes more fundraising and violence, no dots connected save one: in Acts 238 and 239, Fariz seems unhappy to hear from Ballut that a recent bombing was perpetrated by the PIJ. Note that the recent epidemic of violence (which the PIJ calls The Second Intifada) in Israel and the Occupied Territories began that October.
  • Overt Act 240 (on or about June 7, 2002) to 255 (on or about Dec. 9, 2002) concerned funding problems, concerns that Al-Arian might be arrested, discussions of the internal state of the PIJ, and acts of violence, again in Israel and the occupied territories.
  • Overt Act 256 appears to be a legal device: ``The Grand Jury realleges and incorporates by reference the acts alleged ...''
Then came the counts, enumerating the accusations.
  • Count Two seems to be some kind of introduction.
  • Count Three accused the defendents of using WISE, ICP, and the IAF to support the PIJ, and drew connections between the dots enumerated in the Overt Acts. (C)(3)(l) notes that the defendents are alleged to have known about Executive Order 12947, and yet subsequent Overt Acts occured (including receiving and sending ``communications about Palestinian terrorism''). (C)(3)(t) & (u) notes that the PIJ and HAMAS were proscribed in Oct. 7, 1997, and contends that the defendents still continued to assist these two organizations.
  • Count Four describes Executive Order 12947.
  • Counts Five through Forty-Four (that's the section heading) enumerates some of the Overt Acts, and contends that each was a violation of the RICO act. The Overt Acts listed begins with Overt Act 145 (Mar. 18, 1995), which had some defendents querying a ``Brother Yousef'' to find out how many PIJ members had been recently arrested, and ends with Overt Act 255 (Dec. 9, 2002), in which Fariz complains to a magazine reporter that PIJ did not get the credit for a ``terrorist attack in Hebron.''
  • Count Forty-five is Al-Arian's attempt to procure citizenship. He is accused of concealing is involvement with the PIJ in his Dec. 30, 1993 application for citizenship, and for falsely denying that he had ``ever ordered, incited, assisted or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion ...''
  • Count Forty-Six is a similar charge against Hammoudeh.
  • Count Forty-Seven is Obstruction of Justice, and Counts Forty-Eight, Forty-Nine, and Fifty are Perjury, all aimed at alleged false statements made during Al-Najjar's INS hearings.
Counts Five through Forty-Four is the heart of the case: like many RICO charges, the issue is whether a pattern emerges from the timeline taken as a whole. The non-RICO counts rely on the RICO counts: that the defendents denied or concealed activities described by the RICO counts. The two major laws at issue are the:
spacer Attorney-General John Ashcroft held a press conference at noon; by 4 pm, the UFF account had received one request for information and 20 angry denunciations. The media was very quick to pounce: CBS Channel 10 was so impatient that they cut off Ashcroft in mid-sentence so that their anchors could comment. And as of Feb. 20, Al-Arian, and the Al-Arian-Bush connection, was a major topic on the page on Homeland Security maintained by the Center for Security Polity (``Promoting Peace through Strength'').

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Local Reactions

The next morning the dailies came out. The Hernando Today had a very local point of view.

  • The Today reported that *Local Man Arrested As Part of Terrorist Cell, reporting on the arrest of Hatim Farize, one of Al-Arian's co-defendents. One neighbor said, ``He was quiet and a really friendly guy, I can't believe he's a terrorist,'' but a more suspicious one said, ``Pretty frequently, we would see him standing in his front yard or in his garage late at night talking on a cell phone ... We thought that was weird.''
The Oracle had its stories posted that evening.
  • Al-Arian indicted: A 120-page indictment claims Sami Al-Arian is the North American leader of Palestinian Islamic Jihad. The lead was: ``Sami Al-Arian looked tired and sullen. He slumped low in his seat and stared forward at the table in front of him, remaining mostly motionless. The only perceptible sound coming from him was the soft jingle of the chains on his legs.''
  • The Oracle reported that Genshaft: Arrest won't change course. President Genshaft is quoted saying, ``I was not particularly surprised by this...There had been rumors that something like this might happen for quite some time.'' BOT Chairman Dick Beard said, ``The president at this university has handled this as well as it could be handled.''
  • The Oracle also reported that Faculty, students sound off on Al-Arian. USF Student President Mike Griffin said, ``It's scary to think that someone of this much evil has had a place in our campus, close to our students, close to our faculty, for such a long period of time.'' USF Amnesty International President Arnesh Karve said, ``I still believe that a man is innocent until proven guilty.''
The St. Petersburg Times gave the story a lot of play on Feb. 21. The Tampa Tribune, which has been more critical of Al-Arian, also ran many articles.

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Global reactions

Considering the history of the case, its not surprising that within hours, the gentle webmaster had received a query ... from Japan. I mean, by long-distance phone, in what was there the wee hours of the morning. Here is but a sampling from lexis, unless otherwise indicated.

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A Statement

At the Feb. 21 USF Chapter meeting of UFF, the Chapter made the following resolution:
spacer The United Faculty of Florida defends the contractual and due process rights of those it represents. Professor Sami Al-Arian is in the bargaining unit at the University of South Florida, and we defend his rights related to his job on campus, as we do for all faculty members.
spacer Our only comment on the pending criminal case is to affirm the right of every person to be presumed innocent until proven guilty.


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spacer Previous:
Transitions
1/01/03 - 2/19/03
Next:
Termination
2/22/03 - 2/28/03
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spacer Al-Arian Site Home
USF/UFF Site Home
Major Postings
The Issues
Contact Us
Site Map
An Overview of the Entire Controversy
Background: Before Sept. 11
The Year 2001 - 2002
The Year 2002 - 2003
Recent News
The year 2002 - 2003:
7 Days: 8/21/02 - 8/27/02
September: 8/21/02 - 9/26/02
Looming Clouds: 9/26/02 - 11/04/02
Anticipation: 11/05/02 - 12/31/02
Transitions: 1/1/03 - 2/19/03
Indictment: 2/20/03 - 2/21/03
Termination: 2/22/03 - 2/28/03
Reverberations: 3/1/03 - 3/19/03
A Greater Circle: 3/20/03 - 3/28/03
Recent News: 3/29/03 -
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