[Peace-discuss] Letter in NYT re al-Arian

[David Green]

To the Editor:

The federal government is contemplating the
possibility of deporting Sami al-Arian, now that the
government has failed to obtain convictions on any of
the 51 criminal counts for which he stood trial
("Professor in Terror Case May Face Deportation," news
article, Dec. 8). That this second act is even
possible is yet another illustration of how the
biggest casualty of 9/11 was the Constitution.

Because a deportation proceeding is not a criminal
prosecution, deporting Mr. Arian would not literally
violate the double jeopardy clause of the Fifth
Amendment, which prevents the government from having
more than one chance to convict someone for the same
alleged crime. It is equally clear, however, that the
government's threatened action violates the spirit of
this very clause.

Sending someone who has lived lawfully in America for
decades to a country where he has never lived may now
be legal, but it is still cruel, morally reprehensible
and disrespectful of the "not guilty" verdict returned
by a jury of American citizens. 

David R. Dow
Houston, Dec. 8, 2005
The writer is a professor of law, University of
Houston Law Center.



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