Date: 06-11-2004

Case Style: United States of America v. Sami Omar Al-Hussayen

Case Number: Unknown

Judge: Unknown

Court: United States District Court for the District of Idaho

Plaintiff's Attorney:

United States District Attorney Tom Moss

Defendant's Attorney:

David Z. Nevin of Nevin, Benjamin & McKay, LLP, Boise, Idaho

Description:

Sami Omar Al-Hussayen, age 34, was a Ph.D. computer science candidate at the University of Idaho. He was charged with multiple violations of The Patriot Act, visa fraud and making false statements to federal investigators. The Government claimed that he used his computer skills to create websites designed to raise money and recruit terrorists. It also claimed that the websites he created published edits justifying suicide bombings and other terrorist acts.

The defense claimed that Al-Hussayen had little to do with the content of the sites and had the right to express his views under the First Amendment of the Constitution.

Outcome: He was found not guilty on the terrorism charges, on one count of makeing a false statement, and two counts of visa fraud. The jury hung on three false statement charges and five visa fraud charges.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: The prosecution of this man on these charges appears to have been an abuse of power by the Justice Department. As a society, we should be mindful of the statement by Benjamin Franklin to the effect that "he who gives up his freedom for security ends up with neither freedom nor security." In my humble opinion, we cannot win the "War On Terrorism" by killing and jailing those who disagree with us. It will be won, if it can be won, by the strength of our values and convictions. The United States is a powerful country as a result of a great many factors including our diversity and tolerance. The prosecution of this man appears to have violated some basic concepts associated with the founding and fundamental nature of our country.