Lawyers for the People's Mojahedin Organization of Iran made their latest pitch to an appeals court in Washington today, trying to convince the panel that the group has disavowed violence and should no longer be designated a foreign terrorist organization.
Mayer Brown partner Andrew Frey, arguing for the PMOI in the U.S. Court of Appeals for the D.C. Circuit, praised the organization as a democratic, secular group that has not engaged in a terrorist act for eight years—giving it what Frey called a “clean” record. More than 100 spectators, many in support of the PMOI, attended argument today.
The State Department declined to revoke the terrorist organization designation last year, marking the latest rejection for the PMOI, which was founded in 1965 and first designated a terrorist organization in 1997. Federal laws allow organizations to petition the State Department for review. Challenges are directly appealed to the D.C. Circuit.
Part of the problem for the PMOI, according to Frey, is the fact the government has kept to itself classified information that the State Department used to make its determination that the PMOI should remain a foreign terrorist organization. Frey argued the PMOI didn’t have an adequate chance to defend itself in the administrative proceedings.
Judge Karen LeCraft Henderson, sitting with Judge David Tatel and Senior Judge Stephen Williams, said the court could rely solely on the classified record to make its ruling. Frey urged the appeals court to examine the entire record. He said the information in the unclassified portion of the record does not support the continued designation of the PMOI as a foreign terrorist organization. Frey said in court papers that the PMOI has been removed from terrorist organization lists in the United Kingdom European Union.
Justice Department lawyer Douglas Letter, terrorism litigation counsel in the Civil Division, argued for the State Department. Letter and Tatel got into a brief back-and-forth about the extent to which the PMOI’s past should have any bearing on whether it currently has the intent and capacity to commit terrorist acts.
Letter is intimately familiar with the PMOI, having argued for the government in three other cases in the D.C. Circuit where the PMOI has sought the revocation of its designation as a foreign terrorist organization. The D.C. Circuit in 1999, 2001 and 2003 ruled against the PMOI. Henderson and Williams have both served on panels in earlier cases that ruled against the PMOI.
Tatel said he didn’t think the past was relevant in the case since the State Department must base its decision on the present state of affairs. Letter disagreed, saying an analysis of whether an organization’s circumstances have changed necessarily means that the past is part of the equation. Designation as a foreign terrorist organization carries consequences that include blocked financial transactions and removal of members from the United States.
After the public court session wrapped up, the appeals court heard argument for about 10 minutes in a closed hearing to discuss classified material. Frey and other lawyers for PMOI—attorneys from Hogan & Hartson and Greenberg Traurig— were not allowed to remain in the courtroom.
You’re damn right they are sick and tired of being blacklisted for purely political reasons and under the table deals with the Savages of Tehran. So are the majority of patriotic Iranians who for years now have endured the pain, not only from the barbarians dominating Iran, but from the State Department and people like you, who play a double game and engage in double entendre…as you have done throughout your article.
The brave Iranian people who have poured into the streets of Tehran and other cities throughout the country are Mad as Hell, to see their main opposition group, these true children of their liberation, with more than 120,000 fallen for the cause of liberty, and thousands in the dungeons of the Butchers of Tehran, to be called these infamous names, all to appease a gang of thugs, who have brought nothing but misery, torture, rape and murder to their people.
The organization has renounced violence, and has been extremely patient with the crimes committed against it, whether at Ashraf Camp in Iraq, or inside Iran against its supporters and the parents and relatives of Ashraf residents, and instead has acted responsibly by providing the West with valuable information regarding mullahs nuclear weapons sites, and for all intents and purposes, has displayed its bona fides as the friend and ally of the US and Western World.
The European Union and the UK were ordered by their high courts to de-list the group, why shouldn’t the US? Except that the State Dept. and people like you are in the business of appeasing, not the national security of the United States of America.
The whole fraudulent dossier was compiled by Jack Straw (former British Foreign Secretary) along with foreign office’s mullah experts, and the collusion of the mullahs in Tehran, and presented to the Europeans and the US, who mistakenly saw an opening and a rapprochement with the mullahs at the time of Mohammad Khatami’s presidency who supposedly headed the so-called reformist faction of the savages.
Well, now let’s look at this carefully. How is it that neither the UK nor the EU courts found any so-called classified documents, and threw the case out of court and gave back the PMOI and the Iranian people their honor. It’s quite simple… there is no indication that the group has engaged in any violent act for more than 8 years.
Why does the State Department and the US government still insist on a failed policy that was initiated in 1997, and the blacklisting of the PMOI was one of the key demands the mullhas made, to start some sort of dialogue which ran into a dead end and the catastrophic emergence of a lunatic like Ahmadinejad?
The response to this question is also very simple…Appeasement, Accommodation and God knows what goes through the mind of State Dept. functionaries.
And finally a word of advice to the columnist…bone up on your writing, sense of history and integrity in journalism. You’re all over the map buddy…contradictory and malicious throughout your so-called column.
All that said, the american Judicial System is a hallowed institution and its court system will soon make the right decision; that is giving back the PMOI their rightful place in history, and consider them and American ally and friend rather than keeping them in the blacklist.
Posted by: Majid Saatchi | January 20, 2010 at 12:53 AM
Since 1953 that Democratic and nationalist government of Dr. Mossadegh was overthrown via CIA engineered coup, US governments’ policies have undermined interests of Iranian people for achieving freedom and democracy. PMOI was established by some of the bravest and brightest Iranian intellectuals who were followers of Dr. Mossadegh and their fight has always been to fulfill Mossadegh's ideals to free Iranian people from chains of oppressors and create a secular democratic republic in Iran. President Obama and US government has a historical opportunity to take the side of Iranian people by removing this nonsense terrorist label that President Clinton placed PMOI on the FTO list for appeasing Khatami's government who was the instrument of Mullahs' regime to fool the world with his slogan of "Dialog of Civilizations" and buy time for development of its nuclear programs and violating Human Rights of Iranian people. It is time for all Americans to wake up and face the injustices done under their name by successive US governments of either democratic or Republican administrations. Removing PMOI for FTO list would be the first step to take side with Iranian people and that is something that Iranians are judging President Obama administration as they have chanted "Obama, Obama are you with them or us?" meaning US is taking side with Iranian Mullahs or Iranian people.
Posted by: Nader Moavenian | January 14, 2010 at 10:13 PM
PMOI is fighting for freedom & domocracy.there is no evidence against them.appeasment has failed. Open up your eyes
Posted by: M v | January 14, 2010 at 02:17 PM
Mullahs are a world threat today. For a democratic Iran and a stable Middle East, US and EU must recognize Iranian resistance and it champion MEK and remove them from their black list.
Posted by: karim | January 14, 2010 at 11:21 AM
The iranian regime is the terrorist, not PMOI. Long live PMOI.
Posted by: Atefeh | January 14, 2010 at 08:06 AM
The wide spread support of Iranian people and all Iranian abroad for peoples Mojahedin organization of Iran is undeniable. The great majority of freedom loving Iranian to day have seen the peoples Mojahedin devotion to freedom and democracy for the past thirty years.
U.S. Department of States like the European court of justice should take the same step and unleash the Mojahedin’s hand from this false label. On October 9,1997 a senior Clinton administration official told Los Angeles times “The inclusion peoples Mojahedin was indeed as a good will gesture to Tehran and its newly selected moderate president Mohamad khatami”.
The designation was rejected both by the Iranian -American and members of congress. A majority of the House Members declared in a statement that the designation of a democratic organization violated the spirit of anti-terrorist law. They also described it as a part of policy of appeasing the terrorist rules of Iran.
In July ,2004 following a 16 month review , the United States Government on behalf of the Multi National Forces-Iraq granted Camp Ashraf Resident in Iraq( Members of Peoples Mojahedin Organization of Iran)” Protected Person” status under the Fourth Geneva Convention.
It is time for State Department for de-designation of Peoples Mojahedin Organization of Iran.
Kasra Nejat
Posted by: kasra Nejat | January 13, 2010 at 09:16 PM
It is unfortunate for US Administration and state department to side by Iranian regime by keeping PMOI in the black list of terrorist to appease them. Over the last 30 years of existents of this dictator regime in Iran all US and ally have done is over looked the Iranian regime terrorism all around the world, kidnapping, execution of opponent, financial support of Hamas, funder of Hezbollah, support of insurgency and war among nations.
They should be ashamed of themselves and their sick police to continue keeping PMOI in black list and bring smile to the killer of Neda Aghasoltan. Time has come in order to side by Iranian people and taking PMOI out of list and showing your sincerity to them.
Roudi Khorram
Posted by: Roudi Khorram | January 13, 2010 at 08:28 PM
The People of United States need to know that our state Department is helping The illegitimate barberic government of Iran on killing our innocent soldeirs in Iraq and Afganestan and people of Iran all over the world by labling the PMOI as terrorist.
We are taking our case to the people of
the United States and let them to fire the State Department employees who are working for the Mullahs of Iran.
Thank you for your article.
Posted by: sadi H. | January 13, 2010 at 11:06 AM
PMOI is fighting for freedom and democracy and must be removed from the black list. Policy of appeasement has failed and it is time to send a positive signal to freedom loving of Iranian people by removing the unjust designation.
Posted by: majid | January 13, 2010 at 10:49 AM
It is encouraging to see the panel wanted to hear the classified information on the PMOI. The fact remains that this group is no longer engaged in terrorism hence the review of the classified information will lead to removing them from the FTO list.
Posted by: Nilo | January 13, 2010 at 08:21 AM
Ridiculous the PMOI has NEVER EVER attacked US targets! THey have never done anything abroad! According to the Geneva Conventions people are allowed to fight a dictator in Power and that was what they were doing!
So Nelson Mandela is still a terrorist?
Partisans against Hitler were terrorist??
Neda Aghasoltan was also a terrorist?
All those brave people in Iran are terrorists??
What about Hamas,Hezbollah,Al-Qaida,Taliban,etc etc etc WHO ARE BEING FUNDED AND SUPPORTED BY THE IRANIAN REGIME?
Ridiculous policies!
Posted by: Meno | January 13, 2010 at 07:08 AM
One day, George Washington and Nelson Mendela were considered to be terrorists! How could it be, that 3500 PMOI members in exile in Iraq, were cleared of all terrorism charges by the US government in 2004, after a 16 months investigation by 6-7 law agencies of US?
Posted by: massoud | January 13, 2010 at 02:41 AM
By keeping the PMOI in the list will show US is not serous to support Iranian people but it allies itself with ruling Mullahs in Iran. It is a losing bet for US.
Posted by: hamvatan | January 12, 2010 at 10:09 PM
Keeping PMOI on proscribed list is not only unjust and illegal, but also unethical because it is equivalent to participating in the crackdown of people who participated in anti government demonstrations in the past few months, as spelled out violently by Iranian officials in recent days.
Blacklisting PMOI is also unwise because it undermines the national interest of America. President Obama faced with a failed attempt of extending his hands to shake the bloody hands of ayatollahs does not have a lot of time. If he truly wants to avoid going to war with Iran at a later stage he has to lift the ban on PMOI and unchain the people of Iran and their democratic resistant and let them bring about the democratic change that benefits us all. The court proceeding provides an excellent excuse for Mr. Obama to let go of this bizarre and unjust policy of siding with enemy to crush its opposition, and he must let it go forward without 'behind closed doors' interference.
Posted by: Masoud | January 12, 2010 at 07:43 PM
The Government case was so weak that one would only feel sorry for Dog Letter to defending an unjust designation!!
Posted by: Jim Barton | January 12, 2010 at 05:50 PM
On the face of it, PMOI is no longer engaged in any violent activity, and the government case against it is without merit. Also, keeping PMOI on the US list allows Iranian regime, as it has been doing, to justify its brutal suppression of the groups dissenting supporters in Iran and tie all and everything to them and all the while point to the US as an ally in calling PMOI terrorist. We should not be in concert with that regime in any way, form, or shape, lest we relearn the lessons of 1979.
Posted by: Jubin Afshar | January 12, 2010 at 04:14 PM
PMOI is the main Iranian opposition, it is wise to remove them from the list.
Posted by: ali Sadeq | January 12, 2010 at 03:46 PM