Mojahedin 1, USA 0

Legal victory for human rights and civil liberties

Balatarin
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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).

Balatarin
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Louie Louie

Yes, it looks like he rubs shoe polish on his head!

by Louie Louie on Tue Jul 20, 2010 12:20 PM PDT

:o)))))


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Harpi-Eagle

A Real Shame !

by Harpi-Eagle on Tue Jul 20, 2010 12:14 PM PDT

What is a real shame is that we Iranians outside of Iran can not form a real lobby for ourselves, our country, and our enslaved fellow countrymen inside. As long as we don't have a unified voice, with unified financial support structure, we won't have a real audible voice in the U.S. or any other significant country. That results in the political analysts of these powerful nations supporting the traitor MKO and this pimp for lack of better alternative. Of course this doesn't mean our nation will ever accept this turncoat organization as Iranians, they will always be the "Khaens" in our mind. By the way, I read an article in Times magazine from 1981 that claimed MKO was on CIA payroll even back then. Payndeh Iran, our Ahuraie Fatherland


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Onlyiran

He also needs to stop dying his hair

by Onlyiran on Tue Jul 20, 2010 12:06 PM PDT

Hey Masood buddy: no one believes you're 25.  Stop it with the cheap dye job.  Age gracefully in whatever hole you're hiding.  


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Bavafa

Doctor X: I think you may be worng here just as MM

by Bavafa on Tue Jul 20, 2010 12:02 PM PDT

Perhaps he is talking about his treatment and mehmoon-navazi while he was a guest of Saddam.  You can see the pain in his face when he recalls the size.

Mehrdad


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Onlyiran

He looks like a pimp AND

by Onlyiran on Tue Jul 20, 2010 12:01 PM PDT

a Mexican soap opera star.  

What a jackass.   


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TheMrs

Did you ever see that movie,

by TheMrs on Tue Jul 20, 2010 11:58 AM PDT

Did you ever see that movie, girl with the dragon tattoo? This guy looks like the sadist Lisbeth punished. Except this guy has dark hair.


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default

MM jan

by Doctor X on Tue Jul 20, 2010 11:51 AM PDT

na baba.

Maryam is asking him what the size of Hendooneh needs to be for tonight's dessert, and he is replying back In hava:))


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Veiled Prophet of Khorasan

A unifying force

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 11:59 AM PDT

 

MKO has become such a unifying force. They managed to get Iranians from the far right to the far left; from religious to atheist; from nationalist to Islamist all to agree: They suck! 

Mahrdard: I believe that Americans are stupid enough to try to push this as an alternative. The Americans did not learn from the Chalebi disaster. They will hold "free" elections with MKO funded and pushed by their best PR firms. It won't work becuase Iranians are not a dumb as that.

I have to say Obama is turning out to be a real idiot. And I don't mean the "Obama" on IC. I mean the President! If he falls for the MKO thing he will waste a lot of his capital. Then fail anyway and have to eat crow. 

I often wonder what is the matter with American analysts. They keep missing the obvious. From the economy to foreign policy they fail on every account. Maybe they must get advisers who put USA before other loyalties: Big business; Israel; Poland just to name a few. Having a PhD is not good enough. Having some sense is.


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MM

عکس مسعود آقا میگه: یه دروغ برات دارم، به این گندگی.

MM
Tue Jul 20, 2010 11:43 AM PDT

.


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cyclicforward

i'll be darned

by cyclicforward on Tue Jul 20, 2010 11:37 AM PDT

You guys are right. He does look like a pimp.


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Bavafa

Khar jan,

by Bavafa on Tue Jul 20, 2010 11:32 AM PDT

Will you please refrain from insulting pimps and jaakesh, that is a far more respectful job then what this a$$h0l has been employeed himself with.

Otherwise I agree with your comment

Mehrdad


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Khar

Saddam Hossain's "Mini-Me" (Nocheh)

by Khar on Tue Jul 20, 2010 05:18 PM PDT

Mariam & Masood along with the leaders of IRR should be prosecuted for the crimes against humanity. someday soon...

PS. Look at his face, he has all the classical features of an Iranian pimp (Jaake..).


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MM

Doctor X - find the quote at an MKO site - article by d same guy

by MM on Tue Jul 20, 2010 10:53 AM PDT


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Bavafa

VPK, COP, Doctor X

by Bavafa on Tue Jul 20, 2010 09:00 AM PDT

For all the reason you have cited, it has been my point that we Iranians need to take the absolute primary responsibility for fixing the situation and choosing a regime for our country. The West/Israel will never have the best interest for the Iranian people at heart, they are only after their own interest and what ever serves that first, will be their policy. I have also no doubt that if Iranian people choice of system/regime does not serve the West, they will do what ever they can to destabilized it.

So, I wouldn't be surprised a bit for the West to try to package MEK as a replacement for IRI and I believe if those were the only choices, vast majority of Iranians will take IRI over MEK. But also we know that the same majority want some thing beside those two choices.

Doctor X: at the end of 6th paragraph

Mehrdad


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Agha_Irani

Amazing!

by Agha_Irani on Tue Jul 20, 2010 08:53 AM PDT

The MKO seems to have united everyone here against it!  

I even find myself agreeing with Sargooz:  "What a piece of garbage"

The MKO participated wholeheartedly in the revolution but fell out with their co-revolutionaries when it came to dividing the spoils - you know what they say no honor among thieves.  

 


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Cost-of-Progress

I sure hope

by Cost-of-Progress on Tue Jul 20, 2010 08:52 AM PDT

This isn't West's answer to the quagmire called the Islamic so called Republic of Iran.

Yeah sure, they created this monster, but please, allow the people to fix this mess.

I do not believe that MEK is the answer to any of iran's problems. In fact, MEK is - has been - one of Iran's problems.

CoP 

____________

IRAN FIRST

____________


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default

Bavafa

by Doctor X on Tue Jul 20, 2010 08:45 AM PDT

Not that it really matters and it may very well be that i am getting old. but where exactly did you see that line???


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Veiled Prophet of Khorasan

Mehrdad

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 08:22 AM PDT

 


How can they say it with striaght face?

The same people who gave us Khomeini and sold poison gas to Iraq are back! Funded by USA tax payer money Israel lobby aka arch filth Ileana Ros-Lehtinenat at work for you. If these guys want to sink to the lowest level they are doing a great job. They will not miss a chance to go lower and become filthier by the day. 

PS,

Huffington Post is censoring any comment that is remotely critical of MKO. Glad they have all the bases paid. They just missed one thing: Iranian People. We will never put up with this.

No more credibility to Huffington Post trash news.

 


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Bavafa

what can I say about these garbage traitors that others have not

by Bavafa on Tue Jul 20, 2010 07:58 AM PDT

They are far worse then terrorist, they are traitors, have always been and continue to do so.

And nothing made me laugh as hard till I read this

" one of Iran's major movements for democratic change -- on the US terrorist list."

How can they say it with striaght face?

Mehrdad


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AMIR1973

No to Islamists

by AMIR1973 on Tue Jul 20, 2010 06:29 AM PDT

Whether Rajavis, Rigis, Hamas, Hezbollah, al Qaeda, or IRI.


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Sargord Pirouz

What a piece of garbage,

by Sargord Pirouz on Tue Jul 20, 2010 07:43 AM PDT

What a piece of garbage, this is.

Getting terrorists off the terrorist list, and then bragging about it here on IC.

. 


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Veiled Prophet of Khorasan

We need

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 05:38 AM PDT

 

A united front against this utter garbage; in the USA; and Europe. In Iran IRI will handle them. All of us *must* pull together to oppose these. Or else we will regret it.

  • No to MKO
  • No to Jundallah
  • No to terrorism.
  • No to foreign funded so called and fake "opposition".

 


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comrade

Opposition For Dummies

by comrade on Tue Jul 20, 2010 05:28 AM PDT

 It's not so much a victory for MKO, as it is a defeat for the rest of us.

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


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Veiled Prophet of Khorasan

Why do

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 05:24 AM PDT

 

These filty traitors keep pitching here. They will find no friends either among us or in Iran. Neither the nationalist or Islamists want them.

As someone said: Hanye ina rang nadareh. They are wasting their time. They should go find a hole and crawl into it.

Human rights my ass. Treason never bear fruit. No group has been as rotten as this bunch. Bye: MKO. 


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thexmaster

one question for you Mr. Allan Gerson: who pay your salary?

by thexmaster on Tue Jul 20, 2010 05:13 AM PDT

The MEK of course!  It says it right there.  He's one of their lawyers.  

I don't know if the MEK is still using violence or not, but they seem like a loony and dangerous cult.  I wouldn't want them running Iran with their strange idealogy.  


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Veiled Prophet of Khorasan

Great

by Veiled Prophet of Khorasan on Tue Jul 20, 2010 05:11 AM PDT

 

Now we have terrorist 1; goodness 0. What a total jackass of a judge.


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Anonymous8

here is UR explanation for why MEK is TERRORIST

by Anonymous8 on Tue Jul 20, 2010 03:15 AM PDT

 On 28 June 1981, bombs were detonated at the headquarters of the since-dissolved Islamic Republic Party. Around 70 high-ranking officials, including Chief Justice Mohammad Beheshti (who was the second most powerful figure in the revolution after Ayatollah Khomeini at the time), cabinet members, and elected members of parliament, were killed. The Mujahedin never publicly confirmed or denied any responsibility for the deed, but stated the attack was `a natural and necessary reaction to the regime's atrocities.` The bomber was identified as a Mujahedin operative by the name of Mohammad Reza Kolahi, who had secured a job in the building disguised as a sound engineer [42]. Khomeini accused them of responsibility and, according to BBC journalist Baqer Moin, the Mujahedin were "generally perceived as the culprits" for it in Iran.[43] Two months later on August 30, another bomb was detonated killing the popularly elected President Rajai and Premier Mohammad Javad Bahonar. An active member of the Mujahedin, Massoud Kashmiri, was identified as the perpetrator, and according to reports came close to killing the entire government including Khomeini.[44] The reaction following both bombings was intense with many arrests and executions of Mujahedin and other leftist groups, but "assassinations of leading officials and active supporters of the regime by the Mujahedin were to continue for the next year or two."[45] 

one question for you Mr. Allan Gerson: who pay your salary? is it israeli government or just israeli goons here in usa?


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