Al-Arian Walk Watch. From the Tampa Tribune, with thanks to Teri:
TAMPA - Invoking a rarely used law, attorneys for Sami Al-Arian are asking a judge to dismiss charges against him on the grounds that the prosecution may have violated a prohibition against parts of the military enforcing civilian law.The motion citing the Posse Comitatus Act is one of four seeking to dismiss various aspects of a superseding indictment handed up against Al-Arian and others in September.
The defendants are accused of being American organizers for the Palestinian Islamic Jihad, which is responsible for numerous suicide bombings in Israel. Al-Arian and three others, Sameeh Hammoudeh, Hatim Naji Fariz, and Ghassan Zayed Ballut, are scheduled to go on trial in January.
Al-Arian's attorneys have filed a motion seeking a six- month extension in the trial date, and prosecutors have filed a response saying a three- month delay would be appropriate.
Among the motions to dismiss filed on Friday were familiar arguments that the criminal charges violate Al-Arian's First Amendment rights to participate in the political process and express his point of view. Similar arguments were unsuccessful when they were made by the defense in relation to the first indictment.
Noting that Al-Arian is not accused of committing any violent acts, the defense maintains the government is trying to punish the defendant's nonviolent conduct.
Defense attorneys are arguing separately that prosecutors abused the grand jury process in securing the superseding indictment in September, 19 months after the original indictment was handed up.
The most novel argument appears in the defense motion to dismiss the first four counts of the indictment on the grounds that some wiretap surveillance tapes may have been translated by a member of the military.
The defense cites the Posse Comitatus Act, which prohibits the use of the Army or the Air Force to execute the laws. The law does not cover the Marines, Navy, Coast Guard and National Guard.
this is BS he pleaded GULITY GULITY....
Part of the American Tribe
Squirrel Hunter
Spider Killer
God Bless the USA and her Fighting Forces and ALL who Fight with her give them Strength,Wisdom,Sight and Courage to stay the course to Victory{FREEDOM] to Defeat ALL Islamic Terrorist and ALL who Support them Open the Eyes of the World to their Threat Amen
PS
Do the right thing we need good Judges do not let Spector sit as the Head of the Commity call your Sentors...
Hmmmmmmmmmmmmmm. To allow this turkey to walk on a technicality would be a travesty and another example of how Muslims are manipulating the system.
If allowed off, would he then use that as a pretext to be reinstated in the University where he could continue to indoctrinate our vulnerable young people?
Keeping this man incarcerated to prevent him from operating is the best choice. But if that's not possible, instead I hope he returns to the country of origin. Good riddance.
They can argue anything they want, but arguing that the services of a translator equates to the air force enforcing civilian law is a slim defense, indeed.
Well, being the 'social liberal' I am, I wasn't particularly enthused with the prospect of Bush Supreme court appointees but seeing what 'liberal' judges do to terrorists, you know I couldn't care less.
And I suspect, I'm not alone in holding such views.