Wednesday, September 19, 2012

Contempt Charges Reinstated, But Penalty Purged, For Muslim Defendant Who Refused To Stand

As previously reported, in June the U.S. 8th Circuit Court of Appeals vacated 19 criminal contempt citations issued by a Minnesota federal district court against a Somali Muslim defendant who, for religious reasons, refused to stand when the court convened and recessed. The appeals court ordered the trial court to consider whether under the Religious Freedom Restoration Act, this was the least restrictive means to keep order in the courtroom. Now, according to AP, the federal district court has reinstated all the contempt charges against Amina Farah Ali, but purged her 100-day sentence. Judge Michael Davis said that he took extra precautions to ensure order because of the publicity surrounding the trial. He reached out to elders in the Somali community to help keep order in the spectator-packed courtroom.  Rules were posted in Somali as well as English, and a room was set aside for Muslims who wanted to pray. On the third day of her trial, Ali began to stand when the court opened and closed, after Muslim clerics visited her in jail and told her she was allowed to stand if she is in a difficult position. In the case Ali is charged with soliciting charitable donations which were then routed to the terrorist group, al-Shabab.

UPDATE: The full text of the court's opinion is available at United States v. Ali, 2012 U.S. Dist. LEXIS 133766 (D MN, Sept. 19, 2012).