Tuesday, May 2, 2006
Sami Al Arian gets 19 more months in jail then a kick in the pants out of the country.
19 Months More in Prison for Professor in Terror Case
...Rather than face a retrial, the two sides agreed last month to a plea bargain in which Mr. Al-Arian pleaded guilty to a lesser charge of aiding members of the militant Palestinian group and agreed to be deported.
But any hope Mr. Al-Arian might have had of being deported quickly evaporated on Monday in the courtroom of Judge James S. Moody Jr. of Federal District Court. In a surprise move, Judge Moody sentenced Mr. Al-Arian to the maximum allowed under the sentencing guidelines, more than even the prosecution requested, and chided him for acts even the jury had rejected as Mr. Al-Arian's. The government had asked for the low end of the guidelines.
The judge continued to upbraid Mr. Al-Arian, whom he called a "master manipulator" for his connections to the Palestinian group, leading Mr. Al-Arian's wife to leave in tears.
Describing horrific bombings in Israel, Judge Moody said: "Anyone with even the slightest bit of human compassion would be sickened. Not you. You saw it as an opportunity to solicit more money to carry out more bombings."
He added, "The only connection to widows and orphans is that you create them."...
...After the sentencing, Mr. Al-Arian's supporters, who had lined up for a space in the courtroom, denounced the judge's action. They included clergy members from Christian and Muslim groups, family members and advocates for Islamic causes.
"I have been visiting with Sami Al-Arian every week in the jail for the last 14 months," said the Rev. Warren Clark, the pastor of the First United Church of Tampa [UCC!]. "I will tell you that the Sami Al-Arian that I know is very different from the Sami Al-Arian the judge described."...
Update: Much more in the New York Sun, here: A Judge Stuns Al-Arian With Maximum Time (via PowerLine)
2 Things:
I was listening to Loftus last night on John Batchelor's show. He said the judge ala Lance Ito, gave every ruling and jury instructions per the defense's wishes. He said that it would have been very difficult to convict based on the instructions alone.
However, when he found out the jury was deadlocking and only 2 were voting guilty he (according to Loftus) changed course and suddenly got more balanced or tougher. And then sentenced him to the max consistent with his "new" stance.
Second, I saw Flight 93 last night. Thought the beginning was a bit odd in the flight control room, some weird almost fake acting? maybe that's just me though.... However, I thought all in all it was well made and very powerful and necessary to remind everyone of what life was like pre-9/11 how noone would think anyone would do that witha an airplane... and the scenes on the airplane itself were angering and sad. They don't show all the gore and violence of them killing people that's I guess a tough call there....
Definitely go see it.
Mike
Telling you Loftus is a bit of a story teller but basically I believe what he said. The Judge f'd the case for the prosecution trying to be OVER PC... and now is just covering his but after the fact.
The problem with Judges who are not sure of themselves when they get to very high profile case, ie... OJ Al Arian etc..., is they then try to over compensate for the defense so that they can guarantee that an error is redirected for retrial upon conviction.
And then they look foolish. They're also showing how PC they are.
A Judge that is sure of himself stays consistent. This judge according to Loftus ruled for the defense on every motion but particularly on the Jury instructions.
Now he realizes he let a mass murderer off the fin hook and he's "showing how tough he is with words" and a whopping extra 18 or 19 months.
Big Fin deal. Go see United 93 and you'll be even more sickened.
Mike
Unfortunately, I don't think Batchelor is on in Boston anymore.
I don't get out to the movies much anymore, unless it's a kid picture, but I'm sure I'll end up seeing it on DVD.
Funny about the acting, I heard they got the actual control tower guy to play himself?
Yes I heard that too.
Correction I meant "rule for the defense so that if a conviction results and is appealed he can guarantee that it won't be overturned due to Judicial error and directed to be retried" this is something rather embarrassing for judges.
Batchelor is on the internet.
www.wabc.com/radio
Google John Batchelor
he's on on several radio stations that have on line connections, including his main station in Baltimore I believe. Loftus usually on around 10:20 or 10:30 for 10-15 minutes.