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...time already served into account, to be deported nearly immediately. But a federal prosecutor in Virginia evidently had no intention of allowing al-Arian to leave the country. Unbeknownst to defense lawyers at the time, Assistant U.S. Attorney Gordon Kromberg was preparing to subpoena al-Arian in a separate case. (Read "How the U.S. Lost a Terrorism Deal...
...into a Virginia-based Islamic think tank, the International Institute for Islamic Thought (IIIT). But because he believed Kromberg's subpoena violated his plea agreement, al-Arian refused to cooperate. Last year, as a result, he was indicted for criminal contempt. All the while, despite his controversial history, his case has become a cause célèbre among civil rights activists, and he has staged at least two hunger strikes...
...that the prosecutors who had tried al-Arian in Florida did not want their Virginia colleagues to proceed with the subpoena but kept quiet about it anyway. One possible reason, say defense lawyers: had the defense team known that its client would be compelled to testify in a separate case, the plea deal might have crumbled, denying the Tampa prosecutors even that one conviction. The U.S. Attorney's offices in Florida and Virginia would not comment when contacted by TIME, and the reasons for their actions in the case may never be officially disclosed, since federal prosecutors refuse to hand...
...Kromberg himself is also at issue in the case. A 16-year Justice Department veteran known for taking on high-profile terrorism cases, he's been accused of making anti-Muslim slurs. A 2006 affidavit filed by Tampa attorney Jack Fernandez, who served on al-Arian's defense team, alleges that Kromberg refused to delay a hearing scheduled to take place during the Muslim holiday of Ramadan. "If they can kill each other during Ramadan, they can appear before the grand jury," Kromberg said, according to the affidavit. "All they can't do is eat before sunset...
...Brinkema presided over the 2006 trial and conviction of 9/11 conspirator Zacarias Moussaoui. When the jury in that case sentenced Moussaoui to life in prison instead of death, Brinkema told him he would "die with a whimper" behind bars. U.S. prosecutors could have sent Sami al-Arian out of the country in disgrace three years ago. Instead, they seem to have turned a man who has rooted for suicide bombers into a man many justice advocates are rooting...