Attorneys for Sami al-Arian, the North American leader of Palestinian Islamic Jihad, are crowing over the ruling of a federal judge, who said that prosecutors will have to prove money raised by al-Arian was used for terror attacks: Burden of Proof Raised in Fla. Terror Case.

Terrorists around the world are watching—and laughing—as the American legal system shows its complete inability to deal with our Islamic fifth column.

Prosecutors putting a former professor on trial on charges he raised money for the Palestinian Islamic Jihad will have to prove contributions to the group were used for terrorist attacks rather than for charity, a federal judge has ruled.

The ruling from U.S. District Judge James Moody was applauded Thursday by attorneys for former University of South Florida professor Sami Al-Arian. They said it will make the government’s allegations that Al-Arian used a charity as a fund-raising front for the Islamic Jihad more difficult to prove.

Al-Arian and three others face a 50-count racketeering indictment which accuses Al-Arian of being the North American head of the Islamic Jihad. Al-Arian denies that either the charity or academic think tank he created were fund-raising fronts for the group’s terrorist attacks, which have claimed more than 100 lives in Israel.

“It’s a monumental victory because the government’s posture in this case was all you have to do was be a member of one of these organizations and that was sufficient for them to charge you with conspiracy,” said William Moffitt, one of Al-Arian’s defense attorneys. “The government has a much tougher row to hoe.”

The U.S. Attorney’s Office in Tampa declined to comment on the ruling, which was delivered to attorneys late Wednesday.

In March, the judge turned down a request that the case be dismissed. Al-Arian’s attorneys had argued that the charges involved acts of fund-raising and freedom of association which are protected under the First Amendment.

But in Wednesday’s order, the judge said that to avoid constitutional concerns the government would have to prove Al-Arian and the others sought to support the Islamic Jihad’s criminal activities

UPDATE at 8/6/04 8:52:27 am:

The St. Petersburg Times quotes the federal judge who issued this ruling, showing that the Associated Press (once again) misstated the facts; the prosecution only has to show that Al-Arian knew the money would support Islamic Jihad’s terrorist acts, not that it was actually used to do so: Judge raises bar on Al-Arian prosecution. (Hat tip: SoCalJustice.)

Prosecutors must do more than prove that the former University of South Florida professor and his three co-defendants sent money or other support to the Palestinian Islamic Jihad, U.S. District Judge James Moody said in an order released this week.

They have to show that the defendants knew the money or support would further the PIJ’s future terrorist acts.

Moody said he didn’t think his ruling made it that much more difficult for prosecutors in a “typical case.” A jury could convict someone who simply sends money to an organization that he or she knows keeps commiting illegal acts, the judge wrote.