US Muslim to appeal life sentence for inciting jihad

Julian Borger in Washington

Defence lawyers said yesterday they would appeal against a life sentence imposed on a Muslim scholar for inciting his followers to fight a jihad against America, in a case that has raised questions about mandatory sentencing guidelines.

Ali al-Timimi, an Iraqi-American cancer researcher who lectured at a mosque in the Virginian suburbs of Washington, declared himself to be "a prisoner of conscience" after the sentence was imposed on Wednesday.

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The judge in the case, Leonie Brinkema, conceded the sentence was "very draconian", but said her hands were tied by mandatory congressional sentencing guidelines. She rejected a defence demand to set aside the conviction, and claims that Mr Timimi was protected by the constitution's first amendment, which guarantees freedom of expression.

"This was not a case about speech; this was a case about intent," Judge Brinkema said.

The lead prosecutor, Gordon Kromberg, said: "Al-Timimi hates the US and calls for its destruction. He's allowed to do that in this country. He's not allowed to solicit treason, as he did. He deserves every day of the time he will serve."

A defence lawyer, Edward MacMahon, described the sentence as "cruel and unusual" punishment. "No one was injured or even threatened with injury as a result of Mr Timimi's actions," he said.

Timimi was found guilty of "soliciting" and "inducing" American Muslims to go to war against the US, to use firearms and carry explosives, among a total of 10 charges.

Much of the evidence came from a meeting in the Washington suburbs in 2001, five days after September 11. At the meeting, a prosecution witness alleged, Mr Timimi said "the time had come for them to go abroad and join the mujahideen engaged in violent jihad in Afghanistan".

Two of the men at the meeting travelled to Pakistan and trained at a camp run by an extremist Kashmiri group, Lashkar-e-Taiba. Most, however, got no further than Virginia, where they practised using paintball guns. Nine men have been convicted for taking part in what the press named the "paintball jihad".