U.S. District Judge Marcia Cooke granted bail to Dr. Kifah Jayyousi on January 5, 2006, in granting bail the judge stated that: “There is no evidence presented in this case that this defendant did other than travel under his own name, follow the law and register in the United States Embassy, and never used false documents.” The Judge also noted that: “There was no evidence of any other criminal contact. There was no evidence presented, as part of this criminal investigation, that this defendant had the kind of extensive foreign contracts and travel.” ''
Dr. Kifah Jayyousi was released from the Federal Detention Center (FDC) at Miami, Florida, where he spent a year in solitary confinement. He has attended all subsequent court hearings and is standing trial as of May, 2007.
During an ensuing hearing, the attorneys argued that the indictment lacked incriminating evidence, and the judge also noted that the case was “very light on facts.” The Judge ordered the Miami federal prosecutors to supply evidence of transcripts of phone wiretaps that show the manner and means of the trio's (referring to Kifah Jayyousi, Adham Hassoun and Jose Padilla) terror conspiracy -- including descriptions of the time, place, circumstances, causes, etc. of their activities.
Dr. Kifah Jayyousi has never met or known or spoken to Mr. Jose Padilla before this case.
On Monday 21 August 2006, the Federal Judge dismissed the major terrorism conspiracy count that formed a major part of the indictment in the case saying the government wrongly overcharged the defendants.
Dr. Jayyousi maintains his innocence and that all he did was publish a newsletter that was critical of US foreign policies, and did a small charity work over 12 years ago that benefited victims of war in Bosnia and Chechnya. He has been interviewed repeatedly by the FBI. He was charged in this case after refusing to falsely testify against others.
Dr. Jayyousi and his wife are both US citizens and are the proud parents of 5 US children. He has served in the US Navy and was honorably discharged in 1988. He taught at Wayne State University College of Engineering, and held a number of high profile public service positions in the engineering profession.