Mojahedin 1, USA 0

Legal victory for human rights and civil liberties

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Mojahedin 1, USA 0
by Allan Gerson
20-Jul-2010
 

Last Friday, the U.S. Court of Appeals for the D.C. Circuit in Washington ruled that the U.S. State Department cannot arbitrarily designate the People's Mojahedin Organization of Iran (PMOI) as a foreign terrorist organization, thus imposing criminal penalties on any American citizen who offers so much as a nickel to the group.

The State Department had since 1997 -- with little or no explanation- repeatedly re-designated the PMOI as a foreign terrorist organization. In doing so, it ignored the organization's assertions that it had long since abandoned any commitment to violence, and -- as it had made clear -- that its militant actions of the past had been directed against the mullahs of Iran, not American citizens.

The court found the State Department could not arbitrarily invoke the need for diplomatic flexibility to deny the PMOI, or any similarly charged group, with the basic due process protection of ensuring that the findings against it were based on a principled and reasoned assessment of evidence.

The decision represents a victory for all Americans opposed to the perversion of legitimate national security interests by giving the State Department unfettered discretion to determine who deserves to be labeled as a terrorist entity.

In its ruling, the Court of Appeals concluded that the Secretary of State had flagrantly denied the PMOI the basic due process protections of being able to confront and rebut ones accuser before being stigmatized as a terrorist organization and suffering the grave consequences of such a designation.

To appreciate the magnitude of the decision, one need look only at the political context. For undisclosed reasons undoubtedly tied to placating Iran in connection with hoped-for nuclear arms or other negotiations, the State Department had essentially declared that it was prepared to do whatever it could to keep the PMOI -- one of Iran's major movements for democratic change -- on the US terrorist list.

Never mind that the enemy of my enemy is usually deemed my friend. Suffice it to say that, for the State Department, political wisdom dictated a contrary approach, with little regard for the rule of law.

But, can a Secretary of State be responsible only to his or her self in designating entities as terrorist organizations? Can the State Department blithely ignore the real life consequences of criminalizing both the activities of such organizations and those that lend it material support? And this, without any need to provide the Court with a showing that its decision stands the threshold test of reasonableness: credible evidence? Amazingly, that is what the State Department contended in the US Court of Appeals.

This was too much for the Court, which ruled that minimal due-process does not permit designation of an entity as a terrorist organization, with all the negative consequences that entails, unless the State Department first provides the organization an opportunity to rebut the charges. The Court of Appeals made clear that it was not talking about classified material on which the Secretary might have relied, but the unclassified record as well. That record was deemed inherently suspicious. There was for example, the Court noted, no evidence offered by the Secretary demonstrating good reason to rely on unnamed sources for some of the extreme charges (preparation for suicide missions in Karbala).

For these reasons, the case was remanded to the Department of State with the requirement that the Secretary provide a meaningful opportunity for the PMOI to review the unclassified record on which she relied. She has also been required by the Court of Appeals to indicate which sources she regards as sufficiently credible, and implicitly, to indicate why she regards those sources as credible.

This may not be final vindication for the PMOI, but it is a giant stride in that direction. Beyond the PMOI, the decision represents a resounding victory for human rights and civil liberties as it declares loudly and clearly that the Executive Branch of the US government is bound by the rule of law, even when trying to maximize its diplomatic flexibility.

First published in HuffingtonPost.com.

AUTHOR
Allan Gerson is Co-Counsel to the MEK, a PMOI affiliate, and is Chairman of AG International Law, a Washington, D.C. law firm. He served as Senior Counsel to the U.S. Delegation to the United Nations during the Reagan Administration, and is the author of "Israel, the West Bank, and International Law" (1978), "The Kirkpatrick Mission" (1991), and "The Price of Terror" (2002).

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comradovsky

by Doctor X on

Stick with the topic ofthe blog my friend. right now i need to call the special forces to bring you back down to earth. Over.


comrade

" Comrade"

by comrade on

If there were a will, there would be a way. Let's deal with our emotions before getting caught up in some minor technicalities. I advise all to look into the Irish model. It's not perfect, and by no means parallel, but still similar.

Talking to a good friend is always rewarding, but I have to run some Sunday errands.

Till later... 

visit....//www.ipinst.org/


Veiled Prophet of Khorasan

Comrade

by Veiled Prophet of Khorasan on

 

There is a little problem. It is called "outstanding chagres". The MKO leadership is wanted for terrorism and treason in Iran. The charges are valid under both IRI and the previous regime. Any new regime will not be able just to drop all charges. That would need to be dealt with. That is what I mean by rehabilitation. You do not suppose post IRI they will open the jail doors and let out all the criminals. There has to be a system to deal with those who are wanted by the IRI; decide if  charges are valid.

There may be an amnesty for political "crimes". But I doubt people would support amnesty for terrorism. This is not up to you or me. It is up to the people specially the victims. What do you make of it.


comrade

"Comrade"

by comrade on

No one has to be rehabilitated ( who am I to have the others rehabilitated?! ), all needed is to be channelized. They have a fancy word for it in the west. It's called democracy.

visit....//www.ipinst.org/


Veiled Prophet of Khorasan

Comrade

by Veiled Prophet of Khorasan on

 

Here is my humble opinion. If the only way for make progress is to embrace Rajavi then: no thanks. That is no progress at all. I rather die.

By the way I do not believe that is true. It is very much opposite. By embracing poison we bring on the worst. You cannot make progress by bringing vermin in your house.  The first thing we lose is our soul; the second is the Iranian people.

I said it a hundred times. The ideology of the left is fine. The low ranking MKO may be rehabilitated. But bringing in a hated gang of traitors does no good. It is exactly what the IRI needs to discredit all opposition.

Maybe the decisionto join MKO is difficult because we know it is wrong. I rather make a decision that I know in my heart is right. Not to fool myself into a bad move for the sake of expedience.  I rather take longer and do it right than rush in bed with Rajavi. 


comrade

Here

by comrade on

is my humble vision, up against those of the rest. I see no future for the opposition unless its (yet to show up!) leadership is willing, and capable of making difficult decisions. Our adherence to our political cliches is a typical token of our traditional mentality. Mullahs love, and thrive on it.  

visit....//www.ipinst.org/


Veiled Prophet of Khorasan

There is

by Veiled Prophet of Khorasan on

 

a big difference between Monarchists and MKO. The former is a loose group of normal people who happen to share a preference. The latter is a cult of tightly knit people who are anything but normal. 

I know plenty of Monarchists. Most of them do criticize the Shah a lot. They do not worship him. They just think that the Shahanshahi system is a good one for Iran. That cannot be equated with the MKO which is an all encompassing  organization. 

Monarchist is not a way of life; MKO is. Being a Mojahed means buying into a very top-down dictatorial organization. Monarthist is as I said: just a pereference for a system of government.You are mixing a preference with a cult membership.


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Farhad

by Doctor X on

So by your eminent and clear logic every single man and woman who happens to hold a passporrt stamped by the current governmet falls into the traitor category. what the hell kinda difference does it make who has issued our passports? Should we go Daste boose Masoud  and Mar mar and get an additional stamp of approval just to convice you that we have nothing against them whatseoever?

People should not have to throw their endorsment and support behind anyone who takes up arms. Yes it is sad that thousands were lost and needlessly victimized, but that does not bestow legitimacy on an organization that promoted the ideology to begin with.


comrade

"question to comrade"

by comrade on

I am not surprised if you are missing my point. Most of us fail understanding each others' points of view due to our individual blinding loyalties. 

The outstanding similarities between MKO, and monarchists are their reluctance towards addressing the wrongs of their respective past, and their cultist mentality.

I do believe, a united (blanket) front, is the only practical, and viable way for defeating the IRI. MKO, does not have to be excluded from the "front" by default. All it needs is a new leadership.

On your mildly sarcastic phrase: "Please educate", I'd say we are not here to educate each other. We are here to tear each other apart!

visit....//www.ipinst.org/


narmaki

question to comrade

by narmaki on

i am missing the similarities between mko and monarchists or their so called monarch. please educate.

and why the change of avator? for sake of a united front? what united front and with who?

Farhad


narmaki

answer to veiled prophet of khorasan

by narmaki on

i am not suprprised by you being the anti mko cheerleader on this site. you just admitted you respect the shah supporters.  also you are being warmly congradulated by molla supporters on this site for your anti iranian anti mko comments. every traitor and reject is supporting you. who is the traitor now? the papers you are boasting about, your iranian passport i assume, with mollas logo on it is as iranian as your shah or mollas are.   

repeating the tired old mollas propaganda here does not add anything to your argument either. MKO took up arms agains SHAH and MOLLAs not against IRAN and its people. if you and your friends oniranian.com want to identify yourself with and respect any of these despicable dictators and traitors to iran then thats your problem.

Farhad  


comrade

On Farhard Narmaki, and Ahura...If I may

by comrade on

Talking about the farcical unity between monarchists, and IRI's elements gets a more interesting angle when we notice the similarity between MKO, and the monarchists(or their so-called monarch, to be precise) which is the burden of their, otherwise adverse, yesteryear.

 

Ahura is a staunch sympathizer of MKO. One of my cousins had a head-on chat with him more than a year ago. He is a cool, closeted Mojahed-promoter. 

visit....//www.ipinst.org/


Veiled Prophet of Khorasan

One more thing

by Veiled Prophet of Khorasan on

 

Farhad: I am not a Shahi although I do respect the Shah supporters. We are not kicked out of Iran.  Unlike you and MKO we still have a country to go to. 

My Iranian papers are just fine and I get to go back any time I want. Why: because I am not a traitor. I did not take arms against my own people. Therefore I am welcome in Iran now as I was before the revolution. As I will be once the IRI is gone. 

The same is not true for MKO which will never be welcome in Iran.


Veiled Prophet of Khorasan

Ahura

by Veiled Prophet of Khorasan on

 

So then my point is that you are only stating your opinions. Not what PMOI or MKO or MEK is saying. Therefore any promise you make is not binding on them. 


Veiled Prophet of Khorasan

MKO

by Veiled Prophet of Khorasan on

 

That sided with the Mullahs to create this fiasco of a revolution. Then when it lost its powerplay with the Mullahs ran off to uncle Saddam.

Maryam and Massoud bravely bent over bravely and took it from Saddam. Now that would take some courage but not what I had in mind. Then bravely shot at Kurds and Iranian soldiers defending their home. That bravely promised Khuzestan to Saddam. Bravely "outed" Iran's nuclear program to West thus committing a second treason.

That bravely takes money from right wing West and Israeli Iran haters. That bravely keeps its members imprisoned in camp Ashraf. That bravely makes its low ranking members do "khodsoozi" to prove themselves. To whom: to the tin plated dictators: Maryam & Massoud. What kind of leader would demand suicide from its people.

I am proud to be treated as a "joke" by Israel & EU. They know we are not their lapdogs.  They also know that Maryam & Massoud make great lap dogs. They proved it many time. Those who should take us seriously are the people of Iran. Not USA; or Israel. Your true colors show.


Ahura

Mr. VPK

by Ahura on

In the last post I stated my case, but not as explicitly as you want, I guess. No affiliation to PMOI or any other organization related to PMOI.


narmaki

what a joke. hezbullah, shahollah, etehadetoon mobarak

by narmaki on

hezbollah, shahollah, congradulations on your  unity.

so here we have this joke of the union between supporters of the shah kicked out by iranians 31 years ago with supporters of mollas to be kicked out soon, threatening to do this and that to mko from their safe anti iranian HQ of iranian.com in west. On the other hand we have the MKO. the organisation who fought bravely both shah and mollahs with no compromise. the organisation whose brave members in camp ashraf, across the boarder with iran ready to take their country back despite all the iraqi attempts to get rid of them. no wonder you guys are treated as a joke  even by usa  europe and israel, the countries you have been sucking up to for the past 31 years.   

farhad


Veiled Prophet of Khorasan

"Ahura"

by Veiled Prophet of Khorasan on

 

I like to know what your relation is with POMI? Are you empowered to speak for them or are you just providing your personal opinion. If you are not an official representative then whatever you say is not binding. You may say POMI has changed its stripes but they may have other ideas. If you are their representative it puts things into a different perspective.  You should say so and we go on from there.

My understanding of "Council" is NCR. That is an MKO run organization. The other members either left or got kicked out because they would not submit. Rajavi wanted absolute power and that pushed out other members. Now if there is a new "Council' you bet POMI can and must be denied. I and others have indicated the reasons. In one word "treason". Now there is no reason why left wing ideology should be out. In fact I myself believe in many socialist methods. By all means we should have "social justice" and other socialist approaches. I just don't want Rajavi and his group in. I guarantee you that vast majority of Iranians agree with me. 

In summary: people would be crazy to trust a man like Rajavi. Just as crazy as they were to trust Khomeini. Except they did not know what Khomeini was all about. But we all know what Rajavi is about.

The MKO will be the best excuse Mullah have to remain in power. There is nothing IRI likes more than to see MKO involved in other groups. That will allow them to label us *all* as traitors and discredit us. Don't you see IVA is already making that case. A case that will be strengthened if other opposition welcomes the MKO. Therefore this is more than an emotional response. It is a paractical response. If you want the IRI gone you cannot allow them to label opposition as traitors. That is just what will happen if any opposition "Council" allows Rajavi in.


Ahura

Doctor X, Bavafa, VPK

by Ahura on

Doctor X, the points you raised in your last post are completely valid and agreed to.

Bavafa, I am in no position to demand or set conditions for anyone or any opposition group. As an Iranian, like all others on this site who love Iran, I merely express my thoughts and make suggestions. If PMOI cannot redefine itself and convince State Department to revoke its terrorist status, then the organization could be only represented overseas. Furthermore, if PMOI is unwilling to redeem itself from past mistakes (treasons as you like) and revise its autocratic leadership (as my friend Comrade puts it “overhauled, removed, replaced…”) then they cannot join any future council of opposition groups.

VPK, by “council” I am thinking of representatives from all organized opposition groups to IRI, something in the form of what Mr. Reza Pahlavi (Prince as some insist) is suggesting lately, and what has been attempted and failed few times in the last thirty one years due to variety of reasons. PMOI cannot be denied participation, if it meets the prerequisites set, because the organization has fought against and aims to overthrow the criminal IRI regime which is the common goal of all opposition groups.


Shazde Asdola Mirza

Rosie dear: you are "on fire" alright

by Shazde Asdola Mirza on

Every voice counts! Every action counts!


Rosie.

???????????? Shazde,

by Rosie. on

'Even Maryam is much nicer than that, otherwise Masood wouldn't have forced her hubby to divorce her'

What do you mean, 'nicer than that'? I thought she looked pretty hot in that photo. But I found a better one:

224&tx=135&ty=217&ei=Wb9LTMTEG8G78gaZhOAy&page=3&ndsp=15&ved=1t:429,r:5,s:30&biw=1020&bih=575

I guess I should change my avatar now.


Bavafa

VPK Jaan,

by Bavafa on

One maybe able to keep the stench of a MKO or Mullah by itself under control but not when a Mullah is also a MEK sympathizer.

As you have rightly point out, MEK/MKO ideology is of the very same as Mullah's that vast majority of Iranians have come to despise and hate so much, only add the Marxist element to that ideology and what do you get, a stinky traitor cult called MEK.

Ahura,

With all due respect, all the conditions that you have set forth here for them (in your last port) are contrary to every thing that they have preached and practiced so far and there is no light at the end of tunnel for them.

Mehrdad


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Ahura

by Doctor X on

I guess you are just way too Khoshbin then.

They really need to work on their uniforms and its strictness first before they can convince me and i am sure so many others that they are true to form and believe in the principle of separation of church and state. remember promises were made 3 decades ago by those who had different uniforms on, so much freedom was promised yet non was delivered. They have ways to go to PROVE that they will respect secular democracy and hence honoring iranian people's choice in the privacy arena.


Veiled Prophet of Khorasan

"Ahura"

by Veiled Prophet of Khorasan on

 

You are dreaming if you think MKO is going to form Iran government. What is "Council" anyway? Who gave them the right to speak for Iranian people? They had their chance. Their ideology is 30 years out of date.

At best the low ranking ones will be re-integrated into Iran. Their leaders are never going to walk Iran free. Stop making these pretences. There are far more credible forces that will vye for power. What possible reason do people have to want this group?

PS,

Please do not muddy the sacred word "Ahura" by associating it with MKO. Ahura is a religious word and not meant to be tossed around like this.


Ahura

Doctor X, Religion Stays Private

by Ahura on

PMOI members share the same religious beliefs as IRI and the majority of Iranians. Their Marxist ideology is also strange and beyond the pale. But adhering to the principle of secular democracy they accept the separation of religion and state and the complete freedom of citizens to have any religious belief.  That is the prerequisite to gain them a seat in the council of unified opposition groups. Certainly their apriori appointment of President is rejected offhand, and they may have to revise their dress code and soften their religious dogmas. The council agrees on the form of government that guarantees the integrity of Iran and the rights of all minorities. Iranian people will vote for the form of government first, the constitution next, and finally the elected officials.


Shazde Asdola Mirza

Rosie dear

by Shazde Asdola Mirza on

I don't think that such a "green" photo does any justice to your inner and outter beauty. Even Maryam is much nicer than that, otherwise Masod wouldn't have forced his hubby to divorce her, so that she could get married to the "grand master".


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checking in mirrors to find soosol

by I Voted Ahmadinejad on

So where do u live? Camp Ashraf?in the mountain of IraqiKurdestan?or in a safe house in Tehran?It has to be some where you get access to internet!

what a mockery! calling some body a soosol for living in the west while yourself is living next door. funny

ram jams


Veiled Prophet of Khorasan

Mehrdad

by Veiled Prophet of Khorasan on

 

It will take much more than a lid to keep out MKO's stench. The stink of treason will never be kept out by a lid. How does any Iranian support them ie beyond me. 

Reform them my foot! The rank and file may be re-integrated in the society after a period of "reform". However the organization itself must be dissolved. The leaders tried for treason and terrorism. Plus its members should be permanently barred from holding office in Iran. Nor should they be allowed any type of sensitive jobs.

Basically the low ranking ones  are lucky if they get tokeep their freedom. The high ranking ones are lucky if they get to keep anything.

VPK

 


Veiled Prophet of Khorasan

MKO issues

by Veiled Prophet of Khorasan on

 

Go beyond their Islamic and Marxist ideology. Fooladi: I am not foul mouthing them. I am giving clear reasons why:

  • MKO is a cult. It is built around Rajavi. Proved by fanatical devotion of members.
  • They are undemocratic. Proved by  appointing Maryam Rajavi "president" of Iran.
  • They are traitors. By siding with Iraq that was proved beyond any question.
  • They are terrorists. Proved by their bombing campaigns.

I know they have their mouth peices here. I am not going to name them but it is obvious.  My posts are not for them; but for normal people.

The  West operates by holding elections. Just look at Iraq and Afghanistan. In order to get votes a group must be viable. MKO is not. It has no base and will not gain any votes. Who the heck in Iran is going to vote for them?

  • Islamists will vote for real Mullahs not fake Islamists.
  • Communist: there are not many in Iran. The ideology is discredited and proved so by the collapse of Soviet Union. 

In addition patriotic Iranians remember the Iraq fiasco and treason. No way anyone is going to forgive them.

Support from Israel; EU and USA are net negatives. They prove again that MKO is in the service of foreign powers. Not that anyone doubts it. So where is their base? All they got is brainwashed members and ignorant Westerners who fall for their lies.


Rosie.

This thread had a lot of good solid information on the MKO, btw,

by Rosie. on