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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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Only a man of such long prowess can rally
by Everybody Loves Somebody ... on Sat Jul 24, 2010 05:29 PM PDTso many men and women behind all over the world with such commitment and dedication! First, it was Moosa Khiyabani's wife, then it was Bani'sader's daughter, then it was Maryam, so on and so forth...
There are stories that while in the Shah's prison for committing terrorist crimes against the nation, big Masoud acted as a manwhore to keep the fellow inmates entertained, famous characters like Rafsanjani, Khamenei, Khatami, et al...
No wonder for such animosity between the mullahs and the MKO's in general and Rajavi in particular!
fooladi,
by dingo daddy En passant on Sat Jul 24, 2010 05:00 PM PDTkhob vaghti ye adam injur comment-ha ra bekhoone, vaghean chize digari be fekr nemiad!
//iranian.com/main/2010/jun/mojahedin-parispage1
khosh bashid.
dingo khan, khahesh mikonam!
by fooladi on Sat Jul 24, 2010 04:57 PM PDTChashm. dar ayandh movazbe khaham bood ke ba mojahed ya shahi ya khodaye nakarde basiji eshtebah nasham. :)
Shazdeh,
by Rosie. on Sat Jul 24, 2010 05:01 PM PDTwhat funny? I'm dead serious about everything I said.
My avatar is expressive of my current worldview. I believe you refer to my old avatar of me. I'm unable to upload any of my photos of myself now except this one:
//img.youtube.com/vi/ZrIYB2fsnCs/0.jpg
Do you think I should use it? As you can see, 100% Green, through and through. Just like you.
bebakhshid,
by dingo daddy En passant on Sat Jul 24, 2010 04:50 PM PDTman fekr kardam shoma MKO hasteed baraye inke ghablan intori sohbat kardid. dorosteh, hich kas be Rajavi ray nemide.
MiB, shoma lotfan daresh o bezar
by Bavafa on Sat Jul 24, 2010 04:44 PM PDTLets put a lid on that boshkeh ke boosh daroomad.
Mehrdad
dingo daddy, a nice leading question
by fooladi on Sat Jul 24, 2010 04:40 PM PDTwhich I wish could answer, but you are putting it to the wrong person. you need an MKO member to answer that, and we obviously have none on this site.
Again what I was referring to was any electoral chance of MKO in a democratic Iran. that is not a question for their membership per se, it is a question for Iranian nation as a whole, and I think we know the answer there, based on this small sample of opinions, or dont we? That is a question for you BTW.
"penetration" aside....
by fooladi on Sat Jul 24, 2010 04:32 PM PDTI have no doubt that lots of islamic khalifa's fan club masquarade as "mulla haters", only to push the regime's agenda on this site. Why they dont come as themselves is another story. Some of the vile commentary here could only eminate from "hozeye elmia" or a bassiji "ideological training manual".
Merci aghaye fooladi,
by dingo daddy En passant on Sat Jul 24, 2010 04:29 PM PDTkheili khoshhalam keh in ehsas dar mojahedin vojood dareh. Shoma ke gofteed:
A lot of us, including myself are concerned about their islamic ideology and would not want to have masoud or maryam as next prsidents of Iran.
Mishe begid chand darsad az mojahedin ba shoma movafeghand be nazare shoma? Agar intor hast, chera yek rahbare digari baraye MEK entekhab nemikonid?
My 2 cents
by Shazde Asdola Mirza on Sat Jul 24, 2010 04:28 PM PDT1. Crazy Masod is again overly exaggerating ... it can't be that long!
2. Rosie: your comment is very funny, but please reconsider your avatar. May I humbly suggest the lovely lady by the piano?
3. Pastor Bill: baba gharar shodeh bood keh dast az sar in dokhtareh vardari keh. Otherwise, you are doing well: 100% funny.
Ahura
by Doctor X on Sat Jul 24, 2010 04:21 PM PDTWe have a Viable partner who demonstrates its "committment" to secular democracy, Not even a semi-religious democracy, through strict adherence to a firmly known islamic dress code?
We might as well have the devil on our side.
Fooladi jan
Good point, it is what is in their core belief that have many of us worried as to consider them as a realistic option.
Bavafa as a member of the "united jooje basiji & soosool front"
by mola in boshkeh on Sat Jul 24, 2010 04:12 PM PDTshould not fear brother big Masoud. After all, Bavafa and the likes have been deeply penetrated in Boshkeh Eshgh while receiving military-ideological training in Hozeyeh Elmiyeh Qom!?
" united jooje basiji & soosool front"
by fooladi on Sat Jul 24, 2010 04:01 PM PDTWell that is develishly funny!
But I subscribe to Ahura's comments.
There is no denying in MKO's steadfastness in fighting the islamic regime and their organisation, dedication and discipline of it's members. This is recognised by European and now US governments. A lot of us, including myself are concerned about their islamic ideology and would not want to have masoud or maryam as next prsidents of Iran. But there are ways of communicating these concerns much better than cheap faul mouthing on internet.
Well said Ahura, but...
by comrade on Sat Jul 24, 2010 04:01 PM PDT"Modifying its autocratic leadership" is too broad, and too vague. It should be overhauled, removed, replaced...
visit....//www.ipinst.org/
Pastor bill redneck:
by Bavafa on Sat Jul 24, 2010 03:58 PM PDTIt is quit telling that even a redneck can see it what the military attack would be, an adventure!!!!
And yes I am quit aware of the former, when Saddam decided to invade Iran and he only got what his guest, Masoud and rest of MEK had received, a donkey size treatment.
God blast!
P.S. Your advise seems to be based of personal experience ha!
Why, Reverend,
by Rosie. on Sat Jul 24, 2010 09:25 PM PDTwhy would you think I'm hostile toward you? I follow you devotedly to the Eternal That. You and Masoud will bomb Iran and I and Mahmoud will bomb Israel, and then I'll meet you on a pew at your Church of the Joyful Union and give you a wipe you off the pages of time you'll never forget.
And neither will anyone else.
//www.youtube.com/watch?v=UWRL9NLQqP8&feature=avmsc2
PMOI, Viable Force against IRI
by Ahura on Sat Jul 24, 2010 03:39 PM PDTThis is a good first step for PMOI (People’s Mojahedin Organization of Iran) to redefine itself and convince the State Department to revoke its foreign terrorist organization classification. The organization can regain its earlier support of Iranian people by redeeming itself from past mistakes and modifying its autocratic leadership. Being committed to secular democracy PMOI is a viable partner that cannot be excluded from the future united front opposition groups for replacing IRI.
Thousands of PMOI young men and women, who as political prisoners refused to repent, were executed by IRI (Islamic Republic of Iran) criminal regime in the summer to fall of 1988. They are the true heroes who sacrificed themselves to free Iran from the IRI ruthless religious dictatorship. Please see the first two links for general information on PMOI, and the last on the life of prisoners in IRI.
//en.wikipedia.org/wiki/People%27s_Mujahedin_of_Iran
//noiri.blogspot.com/2007/09/islamic-iran-genocide-1988.html
//www.nfb.ca/film/tree_that_remembers
Brother/sister BaWafa, I am NO fan of MKO but you can rest
by pastor bill rennick on Sat Jul 24, 2010 03:39 PM PDTassured that Brother Masoud and company will be used as tools in any military adventure by the Americans to bring down the mullahs!
As for your analysis of MKO vs Sad'dam or MKO vs the mullahs, I think we are aware of the result of the former and pretty certain about the result of the latter! IRR will miserably lose!
A friendly advice for you though, brother BaWafa, is that if you decide to defend the mullahs against US/MKO invasion, I highly recommend that you apply something to protect yourself if you know what I mean! Brother Masoud is scary!
God bless!
wrong!!!!
by Bavafa on Sat Jul 24, 2010 03:28 PM PDTbrother Masoud in this photo is subtly gesturing the (donkey size) treatment that he received by his Arab brothers while a guest of Saddam. And Incidentally similar treatment awaits him in Iran, specially if he chooses to be the nocheh American and Israelis just as he was Saddam's.
Mehrdad
Sister Rosie, why are you so
by pastor bill rennick on Sat Jul 24, 2010 03:00 PM PDThostile toward me? I haven't offended you! Have I? Are you a sympathizer to the MKO's philosophy or cause? By the way, brother Masoud in this photo is subtly gesturing his donkey attribute if you pay close attention, I conjecture!
May lord Moses guide you to the eternal that!
Past, don't think so, present, no,
by Rosie. on Sat Jul 24, 2010 02:47 PM PDTfuture, don't be silly. Who can know the future?
Hey eiSoR, any romantic
by Everybody Loves Somebody ... on Sat Jul 24, 2010 02:39 PM PDTrelationship with MKO, past or present or future?
Oh, Prophet, I wouldn't worry too much about the Pastor.
by Rosie. on Sat Jul 24, 2010 09:17 PM PDTHe knows what he's talking about. He's always right about everything.
Bombin' Bill captured my intellectual imagination and I googled him. I was redirected to Pastor William Rennick where I found out about his political philosophy in his wikipedia(not) bio. Pastor Bill is the one who started a campaign against voting for Obama because if he won in that economy no black person would ever be voted President again. The Pastor proposed a Japanese candidate because they are good at math. With hindsight I can say that a good bet would've been Francis Fukuyama.
Pastor Bill also started the campaign to prevent abortion by providing high school students with information about alternative forms of sexuality, such as bestiality. My only objection is where would we city dwellers keep the livestock?
If Pastor Bill says O'bomber should use MKO as donkeys I think it is a good idea because they could serve a dual purpose as our cannon fodder and our sex slaves. I suggest let the Pastor keep pasture-izing and save your prophesying for the bowtie guy, whose bombing fetish is far less strategic.
***
PS As an aside to Phil Hendries, who features the Pastor regularly on his call-in show, I am not Iranian either and yes, you can keep them going forever. The problem all started with the Mongols.
Pastor
by Veiled Prophet of Khorasan on Sat Jul 24, 2010 12:43 PM PDTYour logic is flawed. MKO has no realistic use. If anyone thinks they are going to use them in attacking Iran better think again. No force will unite Iranians behind IRI more than the threat of these traitors gaining power.
There seems to be a group who have been out of Iran so long they have totally lost touch. Yes Iranian people hate IRI but they are not so stupid to opt for *anything*. They want freedom not a gang of terrorists and traitors. If the West wants to attack Iran then they need to do their own dirty work. Having MKO do the fighting is not going to work and should not even be suggested. I am a strong opponent of IRI and anyone reading my posts knows this. However I am not willing to destroy Iran to save it.
Farhad
by Veiled Prophet of Khorasan on Sat Jul 24, 2010 12:37 PM PDTYour name calling is not getting you anywhere. So now we are "crazy"; "soosool" and so on. What are you? A person that follows an Islamist Marxists traitor with no nation.
If we are crazy do we burn ourselves or is it your gang? Did we suck Saddam or was it Maryam & Masoud? Ravaji is a traitor and will never be anything other than that.A Vatan foroush with a rag tag gang supported by foreign money.
Rajavi will never put his sorry foot in Iran excecpt as a prisoner. If he does then people will line up to throw shit at him. He will be begging the Basiji to rescure him from people. If he has so much support why is he always in hiding?
Site me one bit of proof that MKO has any support in Iran? You are not going to be able to. The only support it gets is from the right wing idiots in Israel and the West. Idiots who hate Iran but are too stupid to pick a more realistic anti Iranian group.
In the likely event of attacking IRR, the US forces will need
by pastor bill rennick on Sat Jul 24, 2010 10:34 AM PDThuman wave since the mullahs will use human/donkey wave of their own! What better human/donkey wave for US of A to use than the members of MKO. The brothers and sisters in MKO are programmed to obey instructions very much like when you tell your pet cat or dog to roll or sit or flip!?
you anti MKO mini cyber mob are a funny bunch of people
by narmaki on Sat Jul 24, 2010 10:27 AM PDTdozen or so people, always on internet (who pays for your living?), screaming like crazy aginst mko from safety of their residents in the west, concluding hence that mko has no support in iran, and if mko comes to power they'll do this and that. who are you kidding? mko or whoever else, you'll be staying and dying in west. your courage is limited to internet and no more. and look at the regime supporters. they are in exile even before the regime is gone.
keep screaming the united jooje basiji & soosool front, i hope rajavi read these, he'll be laughing at your expense, i did.
farhad.
Traitors.....
by ebi amirhosseini on Sat Jul 24, 2010 09:49 AM PDTTraitors through & through.
United Front: “Shrouded Fallacy”
by comrade on Sat Jul 24, 2010 06:22 AM PDTIt must be the London edition, you are referring to.
visit....//www.ipinst.org/
Demos+Demenstrators!!!!!
by I Voted Ahmadinejad on Fri Jul 23, 2010 08:07 PM PDTI think by 'demos' the poster means demostartors, like sale people or trainers....
ram jams