Free Ali Al-Timimi

August 31, 2008

Tim Davis

Filed under: Tim Davis — sandboxarea @ 9:16 pm

The Suffocation of Free Speech under the Gravity of Danger of Terrorism

American University, Washington College Of Law

On July 14, 2005, Dr. Ali Al-Timimi was sentenced to life in prison plus 70 years for acts of pure speech.

With the full might of the FBI and the Department of Justice, the same organizations that “dropped the ball on 9/11”, the government descended upon Dr. Al-Timimi like a “pack of wolves on an elk carcass.” The lead prosecutor, Mr. Kromberg, used every opportunity to portray Dr. Al-Timimi as a religious zealot with links to terrorism who ordered his mindless devotees to take up jihad against Unites States soldiers, regardless of the actual truth. Sadly, in the process, the United States First Amendment has taken another beating.

The United States government did not meet its burden of proof and there was a reasonable doubt as to what Dr. Al-Timimi advocated. Furthermore, if Dr. Al-Timimi looses his appeal, the fundamental constitutional right of free speech will take a serious blow.

There is no evidence that Dr. Al-Timimi was the “Virginia Jihad network” ringleader. Mr. Kromberg elicited testimony from the “Virginia Jihad” defendants that Dr. Al-Timimi was well respected and answered many of their questions concerning Islam.

In contrast, Dr. Al-Timimi did not associate with the “Virginia Jihad” defendants, he was not friends with any of them. In fact, other than the September 16th meeting, Dr. Al-Timimi had minimal contact with the “Virginia Jihad” defendants. However, there is abundant testimony that Dr. Al-Timimi answered numerous Islamic permissibility questions, not only from the “Virginia Jihad” defendants but also from any Mosque attendee.

In fact, there is little or no evidence that Al-Timimi directed anyone to do anything. Rather the evidence points to a scholar who at all times was eager to give advice to anyone who would listen. Instead of being a ringleader, Dr. Al-Timimi was a low ranking Muslim scholar who was a messenger between other Muftis and the Muslims at the Mosque.

Dr. Al-Timimi did not cross over the line of speech and commit any overt physical acts of aiding and abetting. Likewise, Dr. Al-Timimi did not aid and abet the “Virginia Jihad” defendants through instructional speech. Accordingly, Dr. Al-Timimi should not be sentenced to life in prison plus 70 years for averring his religious convictions.

(Please note that this is an edited extract. The original source contains the following notice: This working paper is hosted by The Berkeley Electronic Press (bepress) and may not be commercially reproduced without the permission of the copyright holder. Copyright c 2006 by the author.)


1 Comment »

  1. […] snippet is taken from Tim Davis’ analysis of Ali’s conviction. Tim then goes on to state: “…but the mere mention of mobster dons is prejudicial when […]

    Pingback by The Mafia Retcon « Free Ali Al-Timimi — September 8, 2008 @ 3:12 am | Reply

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