WASHINGTON, 6 April 2005 — A federal judge on Monday said the First Amendment, which guarantees freedom of speech, may play a significant role in the government’s case against an Islamic scholar accused of urging his followers to fight US troops in Afghanistan.

Prosecutors say shortly after the Sept. 11, 2001 attacks, Ali Al-Timimi allegedly told a group of Northern Virginia Muslims to train for violent jihad abroad and to wage war on the United States. And, in 2003, prosecutors say he celebrated the crash of the space shuttle Columbia in a message they say reflected his viewpoint that the United States should be destroyed.

The government says the statements of Al-Timimi — who is on trial in a US District Court in Alexandria — constitute nothing short of treason.

But area Muslims are rallying to Al-Timimi’s side through a website, saying they see a respected religious leader being prosecuted for his words.

“This is a one of the most interesting cases that I’ve seen since 9/11. It is an attempt to criminalize lawful activity, and it is a war on Islam,” a lawyer familiar with the case told Arab News on the condition of anonymity.

“Yesterday’s opening statements were ludicrous,” said the lawyer who attended Tamimi’s trial. “The case may be thrown out before they get to jury, because the government hasn’t been able to meet its burden of proof beyond a reasonable doubt. The government has to show that Tamimi incited others to go to fight in Afghanistan and Pakistan.”

Asked about outrageous statements Tamimi allegedly said regarding going to war against the US, the lawyer said: “Outrageous statements are still protected speech, even if he made them, they have nothing to do with the charges at hand.”

The lawyer said Tamimi is not being charged for the words he said, but for allegedly having aided others, and breaking US law, by urging them to go to fight against US forces overseas.

The government’s case against Timini, a US citizen born in Washington, D.C., is closely linked to its earlier prosecution of 11 men who were allegedly part of a “Virginia jihad network” — a group of men who played paintball games in 2000 and 2001 in the woods of northern Virginia, allegedly to train for a worldwide “jihad.”

Nine men were convicted and received prison sentences ranging from three years to life. Several who struck plea bargains are expected to testify against Timimi.

US District Judge Leonie Brinkema told prospective panelists last week while summarizing the prosecution’s case against the defendant: “He says he only counseled the young men at issue to leave the United States and (migrate) to an Islamic country where they could practice their religion freely.”

Judge Brinkema said the defense contends much of the government’s evidence against Timimi, is constitutionally protected free speech.

Legal experts are divided on the case; some saying the case reflects the power of words in the post-Sept. 11 atmosphere. Others say it poses an important test of the free-speech rights in the First Amendment.

Timimi, 41, denies he is guilty. If convicted on all counts, he could face up to life in prison. The trial is expected to last up to three weeks.