Why does GWU Law School Professor Turley think the feds are playing the “Where’s Waldo” game last year? Is he satisfied now with his level of access?
ARI SHAPIRO reporting: Jonathan Turley is Ali al-Tamimi’s lead defense lawyer.
Mr. JONATHAN TURLEY (Attorney): This has truly been the most surreal experience of my professional life.
SHAPIRO: It started a year ago when his client was sentenced to life in prison for giving speeches that prosecutors said encouraged American Muslims to wage jihad against the U.S. Once al-Tamimi entered the prison system, Turley says he all but disappeared.
Mr. TURLEY: He was transferred to at least six different prisons in four states in less than six months. It became a version of Where’s Waldo? We could not find him.
SHAPIRO: After six months, Turley went to a judge.
Mr. TURLEY: I had to inform the federal courts that I had to file a brief in this appeal, but I have yet to speak with my client since he had been transferred from Virginia. It’s pretty hard to file an appellate brief when you can’t speak with the man you’re representing.
SHAPIRO: Turley got an extension for al-Tamimi’s appeal, and he reached an agreement with prison officials that would allow him to meet with his client.
Mr. TURLEY: They told me that I could call back the next day and that they would arrange a time and place. And I told them that I wanted to come out as soon as possible. They said, fine. Said just call us tomorrow. So I called them in the morning, and they said we just transferred him. And we can’t tell you where he’s going.
***
Here are excerpts from an email from Sabri Ben Kahla to people whether from GMU or abroad. In his email, Mr. Benkahla summarized his legal matter and mentions an October 2006 search of his father’s medical supplies business.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072401886.html
What questions did they ask him before the grand jury?
“Dear Brothers And Sisters: As-Salem Aleikum wa rahmtu Allah
I pray this letter finds you all in good health and high imaan. I haven’t spoken to many of you for a while. But if you are receiving this email, we have met somewhere along this journey of life. Whether it be from GMU, or studies abroad in Syria or Egypt, or the University of Medina, or JHU or Hajj or a masjid, or a conference, or some type of activity; I have met you. I pray that you remember me.
***
To give you an update on recent events of my life: In June of 2003, shortly before I was to graduate from the University of Medina with a degree in Islamic law, I was arrested in Saudi Arabia. I was held in a small concrete cell without charge or explanation and no human contact other than periodic interrogations for a month. At the end of the month I found out this was done at behest of the F.B.I.
***
I was the final defendant in the “Virginia 11” case. Because of lack of evidence those charges were dropped but the prosecution came up with new charges. On March 9, 2004 after 8 months of home confinement and a one day bench trial, U.S. District Judge Leonie Brinkema ruled that I was not guilty on all counts. Instead of being allowed to get on with my life; after the acquittal, I was called for several “debriefings” with the F.B.I. I was compelled to testify before two Grand Juries.
***
Two years later, in February of 2006, I was indicted again in what my lawyers would argue is a case of double jeopardy; this time on charges of making false statements to the Grand Juries and obstruction of justice.
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202125.html
***
In October of 2006, one week before my scheduled trial, the F.B.I. raided my father’s medical supplies business, causing my sister to be rushed to the hospital. They took boxes and boxes of our personal documents and belongings.
***
Finally, on February 5, 2007, my trial has come to an unfavorable conclusion. I was not allowed to mention to the jury that I was acquitted, yet the prosecution brought in all the “evidence” of the previous case which has already been ruled upon to prejudice the jury.
The Judge himself had to reprimand the prosecutors on several occasions. According to the guidelines I should face 1-2 years, but with the enhancements that have been used with Muslims, it could be pushed up to 15-20.
“None of you truly believes till he loves for his brother what he loves for himself,” and “to not take for granted any good action (m’aroof)” no matter how small it is.”
This letter will go straight to the judge, so no one should be afraid.
***
Your brother, Sabri Ben Kahla”