Federal Jury Set To Decide Jaber's Fate
Defense Concedes Some Charges, Fights Most Serious
Last updated Friday, June 16, 2006 10:21 PM CDT in News
By Ron Wood
The Morning News
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FAYETTEVILLE -- The fate of a Fayetteville man accused of plotting to join a Middle Eastern terror group is in the hands of a federal jury.
The most serious charge against Arwah Jaber is knowingly attempting to provide material support to a government-recognized, foreign terrorist organization, Palestinian Islamic Jihad. If convicted he faces up to 15 years in federal prison, a $250,000 fine or both.
The jury got the case late Friday and opted to return Monday morning to begin deliberations.
U.S. District Judge Jimm Larry Hendren told jurors to "lay the case aside" for the weekend.
Assistant U.S. Attorney Wendy Johnson told jurors in her closing argument Jaber was ready to sign up to become a martyr. She said Jaber showed intent and made a substantial step toward achieving his stated goal by going to the airport to fly to Palestine.
FBI agents pulled Jaber and his wife, Dawn, out of line and arrested him June 14, 2005, at the Northwest Arkansas Regional Airport.
Jaber maintains he was going to visit relatives and intended to return to the United States to finish his doctoral degree at the University of Arkansas.
Jaber basically conceded two lesser charges of using a false Social Security number he claims to have made up in order to obtain credit cards in his Palestinian name, Orwah Houshia.
He said he did not believe at the time it was against the law and he was "trying to survive."
In closing arguments his attorney, Patrick Benca, of Little Rock, told jurors he could not argue against those two charges. Instead, he focused primarily on the material support charge and a charge of procuring his naturalization as a United States citizen unlawfully.
Jaber has argued he was both mad and frustrated with his doctoral professor over delays in graduating and made statements and sent e-mail about intending to join the Palestinian group in an effort to sway the teacher into approving his degree.
"I was getting pretty hot," Jaber testified Friday. "I mean I was p.o.'d, basically."
He contends he was never serious about joining the organization and recanted the statements under questioning by FBI agents.
On the charges of procuring naturalization unlawfully, making false statements on naturalization forms and passport applications, prosecutors contend Jaber signed documents saying he had used no other names in the past and he had committed no crimes for which he had not been arrested.
"Sometimes the defendant plays fast and loose with our laws here in the U.S.," Johnson told jurors.
Jaber said he did not include his Palestinian name in immigration papers because he had used Arwah Jaber on all his immigration papers to that point and he did not think he'd committed previous crimes at the time.
Prosecutors on Friday provided limited rebuttal to defense witness Frank Anderson, an expert on Middle Eastern terror groups, who told jurors Thursday that Arwah Jaber's actions in the days leading up to his arrest last June were inconsistent with his statements that he was going to Palestine to help the group fight Israel.
Anderson also said a real terrorist wouldn't announce his intentions by sending an e-mail or telling people what he planned to do.
Harlan Bell, an FBI terrorism expert, said Friday afternoon Jaber could have been seeing whether God would validate his jihad plans.
"The way that would fit is a person may put that (statements and e-mail) out to see if God really wills him to go," Bell said.
If it were God's will, the person would not be stopped, he said.
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