Muslim Link Staff Writer
The Free Dr. Ashqar Committee (FDAC) held a fundraising iftar on Sunday, September 30th, 2007 from 7-9PM. The objective of this annual Ramadan fundraiser was to gather dedicated members of the community to collect funds and to provide a legal update on the case.
The small conference room at the Alexandria’ Homewood Suites Hotel was filled with 40 close friends of Abdelhaleem Ashqar, former Howard University Professor, who lost his position after the terrorism charges were brought against him five years ago.
While the community enjoyed the iftar, they also contributed generously. Among the members who have supported Ashqar from the beginning of this case, the FDAC pulled together $23,000 for Ashqar’s legal defense fund.
On February 1st, 2007, the jury found Ashqar “not guilty” of all the major charges and convicted him of lesser charges of “civil contempt” and “obstruction of justice” for not testifying against other Palestinian activists.
After a lengthy jury deliberation, Ashqar and his co-defendant Muhammad Salah were acquitted by a federal jury of the racketeering conspiracy charges. This acquittal came at the end of four months trial that took place in Chicago, IL.
The previous verdict safeguarded both defendants from possibly facing a maximum life prison terms for terrorism related conspiracy charges.
This victory proved that Americans still value their core Constitutional principles. Judge Amy St. Eve decided not to incriminate Ashqar and Salah for exercising their first amendment rights of freedom of speech.
On July 11, 2007, the co-defendant Salah was sentenced to 21-months in federal prison for lying under oath in a civil lawsuit. Salah, 54, was also fined $25,000 and ordered 100 hours of community service.
Jude Eve, who presided over the trial, is scheduled to sentence Asqhar early next month. Ashqar’s sentencing was scheduled for September 13th, and then moved to October 3rd. The new sentence hearing date given to Ashqar attorneys is in November 2007.
According to Ashqar, the government has been requesting continuation because they need more time to respond to his defense’s objections to terrorism enhancements. Asqhar said it is ironic the government is proposing a prolonged sentence by injecting “terrorism enhancements” when his charge is “civil contempt” and “obstruction of justice.
The probation officer in Ashqar’s case is trying to accomplish something similar as the Sabri Ben Kahla’s case. Although the jury acquitted Ben Kahla of all terrorism related charges, the judge sentenced him to 10 years in prison for “perjury” in July 2007 when the government introduced terrorism enhancements in the sentencing process.
While Ashqar’s February verdict can be read to encourage more deference to the role of juries, it is not always clear what conclusions a sentencing judge should draw from a jury checking the “not guilty” box on a verdict form.
Although the federal law prescribes no specific sentence for obstruction of justice, legal experts say it could be no longer than 10 years.
Ashqar’s sentencing is scheduled for November 8th, 2007 at 10AM in Chicago. According to federal sentencing guidelines, he could possibly face a minimum of 18-month sentence if jailed for civil contempt. In the worst-case scenario, Ashqar faces a maximum sentence of 30 years in prison.
At this point, Ashqar is awaiting his sentencing hearing. In the meantime, he said he needs the American Muslim community’s help to pay off his existing debt before additional legal fees incur. So far, Ashqar owes $250,000, which is a combination of loans owed to community members and past due legal fees.
“Raising funds is my major problem. It should be a priority for he community to help anyone in my situation. For four and a half years, I’ve been without a job. I’m not asking for personal expenses. I’m just asking for the community to soften their hearts for all Muslims who are trapped in a case like mines and help raise funds for their legal expenses,” said Ashqar with a little frustration in his voice.
Ashqar is pleading to the American Muslim community to help him reach his goal to pay off his debt before his next sentence hearing. He is also asking community members to support him and come to the courtroom. Ashqar believes the presence of Muslims in the courts and the vocal disapproval of the government’s policies play major roles on the judge’s final decision on sentencing.
Asqhar, 49, is a Northern Virginian who is a regular attendee of the Dar
Al-Hijrah Islamic Center in Falls Church, VA. Many American Muslim community
members know him for his outspoken rhetoric for the freedom of all oppressed
people of the world, including his native Palestine.