Dr. Sami Al-Arian and the U.S. Justice ParadoxAsma Nemati

There’s no denying that since the inception of the US Constitution there have been many cases through which fundamental rights of Americans have been exploited in the very name of upholding those Constitutional rights. The target usually has been prevalent minorities who are undergoing some sort of assimilation process within the US.

Amongst the minorities and prior to 9/11, African Americans, Native Americans, and Japanese Americans have, relatively speaking, suffered more than others in numerous ways. But the plight of the Muslim activist is quite unique in the current American Justice ambiance.

This is how the US Justice system serves them: Freedom of speech does not exist, the right of due process is only right for a few, and only some men are created equal.

The aftermath of 9/11 is especially interesting when it comes to the justice system’s abuse of power, clad in sophisticated and accepted terms, and not in outright separation of the society from the “other” by means of detention camps or direct genocide.

Instead of fearing fear itself, America submitted to terror without a fight, turning a blind eye to her history, foundation, values and morals. The blame was put on MUSLIM terrorists and Muslims were guilty by association, resulting in their deportation from the country en masse without an explanation, the Big Brother eye on their personal activities, and the passing of the unpatriotic Patriot Act to rub in the injustice just a little bit more.

Dr. Sami Al-Arian’s case is one perfect example.

He was only in his teens when he arrived in the US for education, following the advice of his father who was willing to sacrifice anything to provide an opportunity for his son to better his life, something his father was deprived of starting with the catastrophe in 1948, after being forced out of his home in Palestine.

Dr. Sami Al-Arian studied engineering and after obtaining a PhD, he joined the University of South Florida. Besides becoming a prominent figure in the Islamic community, Al-Arian was keen on voicing his opinion on a most sensitive issue he had experienced and endlessly read about: the Palestinian-Israeli conflict.

His op-eds questioning the widespread American support of Israel, especially in regards to Israel’s treatment of Palestinians, appeared in the USF paper and many of his colleagues noticed this.

Eager to share his opinion and putting his rights into action, Al-Arian then co-founded two groups that put him both in the local and national limelight. The Islamic Committee for Palestine (ICP) was more of a support group than anything, while World Islamic Studies Enterprise (WISE) was an intellectual and academic research think-tank. WISE also shared some of its programs/events with USF, particularly with USF’s Center for Middle Eastern Studies.

Al-Arian was also caught on tape speaking at a rally in which he condemned Israel’s behavior in the first intifada, emphatically calling for “death to Israel.” But that meant something very specific—he admitted that he was calling for death to the occupation, and death to laws that had forbidden him any kind of affiliation with Palestine, his homeland.

In an interview on Creative Loafing Tampa blog, he emphasized that he did not mean kill every Israeli—innocent civilians were simply innocent and always protected. But armed resistance against occupation is something else he called for, something very much in line with International Law.

But for some, that sentence meant only one thing, a point that would be overemphasized after Al-Arian’s arrest in 2003.

Prior to that, Dr. Sami Al-Arian was politically active and was a leading figure on civil rights in America, bringing a variety group of people to both his organizations and hosting many public events on behalf of Palestinians.

When it came to applying for citizenship, he successfully passed his naturalization test and waited for results that would never come. He filed a Freedom of Information Act to see his INS files. He was finally able to obtain it after some legal issues. And what he found there was not surprising—it contained articles on him from The Tampa Tribune.

On February 20, 2003 he was arrested by the FBI on charges of supporting terrorism. Dr. Al-Arian protested his incarceration by going on a hunger strike, which lasted 140 days.

Throughout his U.S. Justice experience, Al-Arian is constantly denied explanation of why he is being held and everything is progressing slower than a snail’s pace. In the meanwhile, Dr. Al-Arian’s physical health is deteriorating, especially due to his diabetes.

Al-Arian’s sentence expired last weekend but he’s still behind bars. The Justice Department turned a blind eye to his agreement of pleading guilty in 2006 to one terrorism-related charge in exchange for deportation. But that has yet to happen.

Despite his lawyers’ efforts, there is no denying that the Justice Department is willing to go to extremes to keep Dr. Al-Arian behind bars. Why? For simply speaking his mind on the Palestinian issue. That is where the Justice paradox kicks in.

Justice is denied to those who differ with mainstream America, no matter how absurd their conviction. Equality doesn’t matter, either. And despite international censure, including a complaint by Amnesty International, Dr. Al-Arian has been a subject of the infamous U.S. prison system.