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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Veiled Prophet of Khorasan

What do I

by Veiled Prophet of Khorasan on Sat Jul 24, 2010 09:53 AM PDT

 

like for food? This is not too hard to guess for anyone who is not so ideological like AN or IVA,

  • Government that does not force Islam down my throat. Leave me alone to have what religion I want.
  • Does not pick fights with other nations.
  • Does not threaten other nations.
  • Does not want to get revenge for the past and is forward looking.
  • Is not interested in exporting revolution.
  • Lets me set up my business and bring jobs to Iran.
  • Puts people ahead of its own ideology.
  • Let people decide what they want. No VF or other dictators.
  • Respects Iranian pre Islamic traditions and practices.

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Veiled Prophet of Khorasan

Demo "No Offense"

by Veiled Prophet of Khorasan on Fri Jul 23, 2010 05:37 AM PDT

 

I have no idea what you said. No disrespect but could you rephrase that or try Persian. I am unable to parse your post.

VPK


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Veiled Prophet of Khorasan

MKO

by Veiled Prophet of Khorasan on Fri Jul 23, 2010 05:35 AM PDT

 

Will be kept out by the very Iranian people not the IRI. If the whole IRI is gone they still won't be able to take power if we don't allow them.

As Mehrdad says: we tasted their food and don't like them. We don't need the IRI to keep out MKO. We need unity. The West tried Chalebi on Iraq: it failed. Because the Iraqi refused him. I am not in support of Western intervention. But if they do we still get to keep MKO out. The idea that we need this government is just a ploy.


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default

Bavafa jan

by Doctor X on Thu Jul 22, 2010 11:15 PM PDT

The next time you go to a chinese place, order Lemon chicken with steamed rice. Less filling (taste great of course) and much more iranian stomach-friendly:)


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Bavafa

I voted Ahmadinejad:

by Bavafa on Thu Jul 22, 2010 10:33 PM PDT

I and many other ordinary but deeply concern Iranians are hoping that for once, we can get in that kitchen and cook our own food for a change (i.e. take over our own destiny) . Most of us don't like the idea of being told [dictate to] that you MUST like hot food (in case of current regime) or the West try to feed us American-Chinese food which will have volume but no taste or nutrition (using your metaphor to say we don't like a West chosen regime)

But one thing for sure, Iranians have tasted the MEK food and they know that is purely poisonous.

Mehrdad


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default

bavafa, it is safe

by I Voted Ahmadinejad on Thu Jul 22, 2010 10:09 PM PDT

MKO orMKE can only take over, if there is powe vaccum. The group has not, is not and will not to be able to take on the Iranian armed forces by itself. It takes a coallation, larger than the one in Iraqi invasion, to knock down Iran armed forces; however, MKO would be the persian speaking mouth of the major powers coallation or so-called goverment in transition.

The above scenarion has been the dream of this group and just like any other unrealistc dream only happens while they are sleeping.iI think, it is safe for anybody who wishes to oppose IRI to go ahead and course the regime without the fear of MKO taking over. However, to oppose a political system, one must have another alternative to what he/she opposes.One may like western cusine and another one  would like Japanaess food; at the end of the day, both individuals need certain number of cals, vitamine, minerals....

Some people, like yourself, dont like IRI cooking because it is too hot, also MKO food lack color and taste, so what do u like ?????  I heard people talking about democracy and human rights all fancy words!!!but failed to mention the name of the chef who is going to make them "the perfect meal' , not to mention the big differences in picking the ingredients for that perfect food.

ram jams


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AMIR1973

Bavafa,

by AMIR1973 on Thu Jul 22, 2010 11:46 AM PDT

"I voted AN" is just a garden variety IRI supporter living in Sheytan-e Bozorg and enjoying the basic freedoms that the loathsome IRI denies Iranians. All he is doing is spouting IRI garbage that "if the IRI goes, the Rajavi gang will take over and turn the IRI Paradise to a hell, blah, blah". In other words, support the IRI killers or else. As you can read from the comments, almost everyone here supports neither IRI nor the Rajavis and won't fall for IRI propaganda.


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Bavafa

I voted Ahmadinejad:

by Bavafa on Thu Jul 22, 2010 09:39 AM PDT

If the outcome of IRI collapse means MEK take over, then I believe [almost] every Iranians will do as you have done, vote for IRI, and will fight to keep IRI from collapsing just to keep MEK out of Iran. Vast majority of Iranians despise IRI, but their hate for MKO is so overwhelming that they will not ever trade this monstrous regime for those bunch of traitors.

If some one can decode "Demo" message for me, I would certainly appreciate it. I still, after reading it two or three times, can not make sense out of it.

VPK: I agree completely with your sentiments and your assessment of the situation is right on the mark.

Mehrdad


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Demo

United Front

by Demo on Thu Jul 22, 2010 08:11 AM PDT

is defined as “Shrouded Fallacy.” in the Merriam-Webster's Dictionary!!!


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Maryam Hojjat

MEK & their learders are Criminal Khaens who

by Maryam Hojjat on Thu Jul 22, 2010 06:23 AM PDT

must be prosecuted for their crimes against Iranians. 

Thanks, Bavafa, Dr.X, VPK & others for your very nationalistic feeling and concerns about our beloved motherland IRAN.  As you mentioned we need a united front to prevent another tragedy in our history.


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Demo

No Offense VPK - Extra

by Demo on Wed Jul 21, 2010 08:55 PM PDT

What will be the verdict if one question the “start” and the “length” of Iran-Iraq war and be suspicious of IRI involvement (“Khianat”) in the US occupations of Afghanistan & Iraq ??? A member or a pro "MKO???"


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default

No offense VPK

by I Voted Ahmadinejad on Wed Jul 21, 2010 08:11 PM PDT

In bestof the time, MKO never had more than 50-60 thousands members and fans, you are not one of them? given the number of people who oppose IRI in total, there is very very slim chance that you would be a member or sympitiazer. However, MKO is the only organized and ready to take over, relative to almost non-existent other alternatives- and they will take ove, if the system collapses. 

 

 

ram jams


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Demo

Angels & Demons Speak for Themselves

by Demo on Wed Jul 21, 2010 12:08 PM PDT

As if the “(dead) oldies” IRI infighting (the so called crisis) was not enough that now our oppressed (young) people should worry about the dead MKO’s or any groupies alike. If IRI’s “Khavas” are so "angelic" then what is that worries so much about MKO’s “Khaenes” or "demons"????


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Veiled Prophet of Khorasan

Responses

by Veiled Prophet of Khorasan on Wed Jul 21, 2010 06:13 AM PDT

 

IVA: You are full of it. I oppose IRI and the MKO. Your pathetic attempt to label all opposition the same is a failure.  There is something called treason: you should know it well since your master "AN" shares it with Rajavi. I dare say that you sir make a much closer bedfellow to MKO than any of the rest of us. In fact if it was not for IRI we would not have to worry about MKO being promoted as an alternative.

Now go back to AN for more orders.

Comrade: No civil society will pardon or tolerate treason; murder; rape; terrorism. The problem with MKO is not "political difference", rather treason. Don't try to whitewash it. Won't work and just makes you sound like you don't know their history. A murderer and traitor must be isolated for the sake of the society period.

Doctor X: Thank you for making very good points.

I did not mean that Iranians have always looked for masters. I meant that MKO has always looked for masters.

Regarding independence I also agree that we need to work with the greater global system. I just don't want us being overly reliant on other nations for political change. As you see they may have very different ideas than we do. 

VPK


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comrade

United front

by comrade on Wed Jul 21, 2010 03:32 AM PDT

A civil society has the ability of tolerating political differences. Since when having Marxist, or Islamic ideology is enough to become an outcast?

If a reconstructive act of self correct, changes MKO to an ex-MKO, so be it. That's their problem. Let them get rid of their leadership first, before they come to the negotiation table.

Even my profound hatred towards the MKO's cultist mentality is not enough to align me with the mentality of the IRI.

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


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default

MKO is in the house

by I Voted Ahmadinejad on Tue Jul 20, 2010 11:16 PM PDT

Terrorists or father Sadam Fadaeyons, traitors or fighting along side Baath party and it's anti-persian doctorine, cultists or praying to Masoud as their savior, illusionists or mixing Islam with Marxissim to get the most out of both, The MKO, by far, is the most organized opposition group who posses  a para-military-terrorist network. As a matter of fact, the only group that Iran is seriously monitring and carefully watching is MKO.

Rejecting and snobingMKO For people trying to change the regime would equal to tying up thei righr hand before going for a hot battle with the regime.

Love them or hate them, refuse them or embrace them, MKO is in the same house with you. They will do the dirty jobs and they will surely take credits for it. 

MKO is a family member in the larger opposition clan, they are like brothers and sisters to other members, which, by the way, makes all the members childern of late father Sadam!!!

ram jams


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default

VPK

by Doctor X on Tue Jul 20, 2010 11:03 PM PDT

Although i tend to agree with the gist of your assertion, but i do need to mention this as a remider or maybe some form of correction here, that it is not  completely true to make the claim that we were led to believe or told that we were useless and needed foreigners to set the roadmap for us.

One needs to be mindful of this fact that some aspects of our independence, particulary when it comes to our economics and trade system MUST rely on stronger and more powerful nations and i believe that was the underlying motive behind such trend. Really, if you think about it, neither us nor any other nation on this planet, would not have been able to achieve the status, such as what we had, if there were not any dependence on foreign powers.

So i think you should break this issue down into multiple parts and try to separate the good parts from the bad parts. I really do not want to go into the detailed aspects of what MKO is or is not about, But it seems fair to classify it as an political/ideological organization yet due to its rather massive following (among the certain specific radicals who agree with its mantra), it could be compared with various other "lobbying" agencies, Such an NIAC, on Pure Ideologic and strategic goals. In a sense, Both organizations are Lobbying for pursuit of their specified goals, even though they maybe using their own methods in doing it.

I find it far from reality to claim that we always looked for a master of sorts all throughout our history.


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Veiled Prophet of Khorasan

Mehrdad

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 08:23 PM PDT

 

One thing is 100% obvious: The West is not interested in helping Iran.We are on our own in this. Maybe we could "make" the West help us. But that is not their motive. Therefore looking to West to come and rescue us is wishful thinking. Now we do not need to be belligerent or hostile; just realistic. Know who and what we are dealing with. Know their motives and how they operate. That is why Iranian lobby organizations are very important. There is a lot that they could accomplish.For the most part  the only people who really love Iran are Iranian.That is why I agree that Iran's future must be decided by Iranians. 

For generations we got told that we are not good enough to figure anything out. That we needed the British or Americans to decide things for us. That is nonsense. That attitude  paved the way for being used. MKO is a prime example of it. They are always looking for a master. First Soviets; then Saddam and now NeoCons. We don't need them. The Iranian people have already spoken and given a big NO to MKO pigs.


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iamfine

bavafa

by iamfine on Tue Jul 20, 2010 07:41 PM PDT

What an interesting observation/finding. I did not realize that he was showing the size after his meeting with Saddam


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Bavafa

Bfarahmand:

by Bavafa on Tue Jul 20, 2010 06:27 PM PDT

I believe you mean malijac and yes he was Saddam malijac. In fact if you look at his pic above, it was taken during a private conference where he was describing Saddam's hospitality (i.e. size)

VPK: I completely agree with you that lack of unity among Iranians nourishes an atmosphere for trash such as pictured above to be used against Iran and Iranians.

Those of us (Fred, mahmoudg, Pastor Bill redneck, Raul etc) who are looking solely into the West to combat IRI for us should not be surprised if one day finding Iran under such traitor's rule. Iranian people should accept assistance but only under their own guide and leadership. And only Iranian people ought to decide what would be best for their feature.

Mehrdad


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Ashkan

No surprise

by Ashkan on Tue Jul 20, 2010 05:24 PM PDT

There is a vibrant market for criminals, traitors, and terrorists and MEK has a brilliant record on all three accounts.

Long Live Iran 


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iamfine

He talks like a .....

by iamfine on Tue Jul 20, 2010 05:05 PM PDT

I noticed his voice is kind of feminine. Could it be he was Saddam's nocheh (nocheh in Farsi means a young boy that a man hangs around with).


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Fatollah

Iranian.com 36, Gerson 0

by Fatollah on Tue Jul 20, 2010 04:33 PM PDT

made me laugh ... :)

 


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Veiled Prophet of Khorasan

The fact that

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 04:24 PM PDT

 

The Western powers are picking these guys show clueless they are. If we on IC agree that shows that pretty much all of Iran opposes MKO. The Westen analysts are bankrupt of ideology and totally clueless. They are taking orders from NeoCons who themselves are hopelessly lost. Remember: these are the same people who created: Taliban; Hammas and Al Queda. Now these same groups are turning on the West. NeoCon ideology has bankrupted the USA and destabilized the Middle East.

The IRI is on its way out. West is lost in its attempts to pick a new puppet. That leaves a vaccum; one which we should fill. "We" being Iranian intellectuals of all walks. 

If we work together we could form an organization which will look out for Iran. We already have IIC. Maybe the "pro" IRI groups here should also join. That way we can have voices representing all major elements of Iranian political spectrum. That means we get more credibility.

Yes it will be harder to make decisions but the outcome will be more powerful. It will also bring us together so instead of fighting we can work for the common good. What do people think? I specially like to hear from the "pro" IRI faction.


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MeyBokhor_Manbarbesuzan

If his father had been one of the Americans assasinated by them

by MeyBokhor_Manbarbesuzan on Tue Jul 20, 2010 04:10 PM PDT

If his father had been one of the Americans assasinated by the MKO, then the writer would not present us with all this crap.


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Sargord Pirouz

Change the title, Gerson

by Sargord Pirouz on Tue Jul 20, 2010 03:34 PM PDT

You're right, Agha. This is amazing. For the first time since I've been a commenter here at Iranian.com, we regulars of the site actually agree on something political. 

The title of this post should be changed to:

Iranian.com 36, Gerson 0 


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Veiled Prophet of Khorasan

Re: United Front

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 03:25 PM PDT

 

MKO will never "self correct" becuuse then it won't be MKO. Which part should they change? 

  • Rajavi both of them: MKO is a presonality cult. Without them it won't exist.
  • Its Marxists ideology?
  • Its Islamic ideology?
  • Its cultish nature.
  • The fact that it betrayed Iran?
  • That it is terrorist?
  • That it is funded and run by enemies of Iran.
  • That is a dictatorship.
  • That it treats its members like garbage.

It would need to deal with all the above. If it does then it won't be MKO. I am telling you Comrade, *any* association with MKO is wrong. It is a poison pill. A deal breaker. The leadership for it must be punished. The rank and file may be rehabilitated.

Do not waste your time on them. Just watch who supports them and that tells all.


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comrade

United front

by comrade on Tue Jul 20, 2010 02:51 PM PDT

One has to distinguish between the dislike of MKO by Iranian expatriates and the dislike of MKO by the IRI and its apologists. The euphoria experienced by  members of this blog does not mean that there is unanimity among us; we have much more that we need to accomplish before making any decision on the future of an organization that we don't like. 

MKO, in and of itself, still has the potential to self-correct, get rid of the traitorous leadership and come to a historic acknowledgment of its past wrongs. 

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


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Veiled Prophet of Khorasan

Re: A Real Shame!

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 02:36 PM PDT

Harpi-Eagle: We do have many lobby organizations. However none of them represent all of us. Because people don't all believe in the same thing. The real problem is the attacks. When we don't agree we attack and try to discredit the lobby. This happns with NIAC. It recently happened with PAAIA. We need to stop attacking and destrying these lobbies. Let them be; if you don't agree don't join. Or join and try to change their positions. That must allows them to function properly.

MKO is not a real lobby group. It is foreign funded and non democratic. Therefore it is able to do things without need for either money or debate. Its money is provided by enemies of Iran. It needs no debate because it is a dictatorship.

The  enemeis of Iran as at it again. These include right wing in Israel and US. Also various European powers .They detect weakness in IRI and are plotting. They want to break Iran apart. To do so they want to use MKO & Jundallah. We must show a united front. It is nice to see that united front in IC. The US/Israel/EU gang got it wrong. It ain't gonna happen. 

We are not so stupid as to fall for this. We learned what BBC imposed leaders are like. We don't want another one. Allan Gerson should go ****.


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MOOSIRvaPIAZ

MEK/Israel 1 USA 0

by MOOSIRvaPIAZ on Tue Jul 20, 2010 01:04 PM PDT

Again and again, neocons manage to push forward agenda that is counter to US interest. Neoconservatives hand in hand with the cultish terrorist group are paving way for invading Iran and installing puppet cultish MEK in power.

//iranian.com/main/news/2010/06/30/mujahe...

Wake up Iranians! Wake up Americans!


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