April 26, 2024

STATE DEPARTMENT: Delisting of the Mujahedin-e Khalq

It is official. MEK is now de-listed.

In a statement released by the US Department of State earlier this afternoon, it is stated that : ”

The Secretary of State has decided, consistent with the law, to revoke the designation of the Mujahedin-e Khalq (MEK) and its aliases as a Foreign Terrorist Organization (FTO) under the Immigration and Nationality Act and to delist the MEK as a Specially Designated Global Terrorist under Executive Order 13224. These actions are effective today. Property and interests in property in the United States or within the possession or control of U.S. persons will no longer be blocked, and U.S. entities may engage in transactions with the MEK without obtaining a license. These actions will be published in the Federal Register.”

The statement also says that

” The Secretary’s decision today took into account the MEK’s public renunciation of violence, the absence of confirmed acts of terrorism by the MEK for more than a decade, and their cooperation in the peaceful closure of Camp Ashraf, their historic paramilitary base.

“The United States has consistently maintained a humanitarian interest in seeking the safe, secure, and humane resolution of the situation at Camp Ashraf, as well as in supporting the United Nations-led efforts to relocate eligible former Ashraf residents outside of Iraq.”

 

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U.S. to remove Iranian group from terror list, officials say

THE WASHINGTON POST

The State Department is preparing to remove the Iranian opposition group Mujaheddin-e Khalq from the U.S. government’s terrorist list, siding with advocates who say the controversial organization should be rewarded for renouncing violence and providing intelligence on Iran’s nuclear program, senior Obama administration officials said Friday.

The decision to begin the process of formally lifting the terrorist label is expected to be conveyed to Congress in documents as early as Friday, according to two senior officials briefed on the matter. The move comes two weeks before a court-ordered deadline and just six days after the dissident group vacated its former enclave in eastern Iraq, averting a feared confrontation with Iraqis who want the exiles out of the country.

Leaders of the group, commonly known by its abbreviation MEK, have been pressing U.S. officials for nearly a decade to rescind the terrorist designation, which they say has hampered their efforts to find homes outside Iraq. About 3,000 members of the group have lived in limbo in Iraq since the U.S.-led invasion in 2003, unwanted by their host country and fearing imprisonment or worse if forced to return to Iran.

The removal of the MEK from the State Department’s official Foreign Terrorist Organizations list could make it easier for its members to apply for refugee status and seek homes abroad.

It is not yet clear, however, where the exiles would go. U.S. officials have been lobbying European allies to accept as many as 1,000 of the dissidents, while allowing others to apply to emigrate to the United States. The group’s violent past — MEK militants were blamed for the assassinations of several Americans in Iran in the 1970s — and its reputation for cultlike behavior have made some countries reluctant to accept large numbers of the exiles.

U.S. officials who helped mediate a months-long standoff between Iraq and the MEK over the exiles’ living quarters cautioned that the excising of the terrorist label may not end the group’s troubles or the U.S. role in helping find permanent homes for its members.

“We’re very happy that we’ve come this far without a bloodbath,” said a senior administration official privy to internal deliberations over the crisis. He and others spoke on condition of anonymity, citing the delicate diplomacy involved in resolving the MEK’s fate. “Now we have to move forward on resettlement.”

Administration officials said the decision to lift the terrorist designation was based on the recent history of the MEK, which renounced violence and turned over its weapons to U.S. forces after waging a decades-long armed campaign against the Iranian government. But the decision also hinged in part on the MEK’s decision to leave its long-time home in Iraq, a former military base known as Camp Ashraf near the border with Iran. Iraq had insisted on closing the base — by force, if necessary — and in recent years Iraqi police had clashed repeatedly with MEK members at the facility, killing dozens of them.

Under a U.N.-brokered arrangement, the group was offered temporary quarters in Baghdad, on the grounds of the former U.S. military base known as Camp Liberty. Secretary of State Hillary Rodham Clinton said in congressional testimony in February that the MEK’s willingness to peacefully depart Camp Ashraf would be a “key factor” in the decision on the group’s terrorist listing.

Nearly half of Camp Ashraf’s residents had completed the move in early summer when the agreement collapsed, with MEK officials decrying alleged mistreatment by Iraqis and what they described as intolerable living conditions at the new camp.

A tense stalemate followed, as the MEK balked at completing the move in defiance of an Iraqi deadline for evicting the last exiles from Camp Ashraf. MEK supporters hired dozens of high-ranking former U.S. government officials and politicians to lobby the Obama administration on the group’s behalf, demanding that Washington back the MEK in its struggles with Iraq.

A breakthrough came last week when the MEK, warned that it could lose its battle over the U.S. terrorist listing, relented and agreed to allow the last major convoys of dissidents to depart for new homes in Baghdad. Even then, as MEK members climbed into vans and buses, disputes erupted over baggage searches and the treatment of disabled dissidents, the senior U.S. official said.

“Friday and Saturday were all-nighters for a lot of our people, as well as the U.N. folks,” the official said. Iraqi officials agreed to allow about 200 MEK members to remain at Camp Ashraf for a few weeks to oversee the property transfers, but “this effectively means the end of Camp Ashraf,” he said.

http://www.washingtonpost.com/world/national-security/us-to-remove-iran-group-from-terror-list-officials-say/2012/09/21/ecfca30c-0401-11e2-8102-ebee9c66e190_story.html

United States is Iran’s handmaiden against opposition

THE TAMPA TRIBUNE

 By LEO MCCLOSKEY, DAVID PHILLIPS, WESLEY MARTIN

One year ago, the peace at a refugee camp under the “protection” of Iraq’s government was shattered by the thunder of military vehicles storming the gates. Iraqi soldiers murdered 36 defenseless Iranian dissidents, and left hundreds injured in the rampage. Despite calls from the U.S. Congress, the European Union and the United Nations, there has been no independent inquiry into the incident. No one has been held accountable.

How could this massacre go unpunished? The answer goes into a dark, uncomfortable place.

This was not the first deadly attack on the unarmed residents, who are members of Iran’s Mujahedin-e-Khalq (PMOI/MEK), living in what is known as Camp Ashraf. There is a pattern of violence and intimidation against them at the hands of the Shiite officials of the Al-Maliki government, a government the United States paid mightily to train and set up.

A cruel irony of America’s sacrifice is that a sphere of influence now exists between Baghdad and Tehran that includes efforts to crush the MEK, the mullahs’ only viable and organized opposition.

The core members of the MEK — who promote a secular, democratic and non-nuclear Iran — were hounded out of Iran and set up Camp Ashraf near Baghdad 26 years ago. In 1997, as the United States pursued a futile policy of dialogue with Tehran, the opposition group became listed as a terrorist organization worldwide, despite the fact that the group shared many values with the free world. In diplomatic parlance, this is called a “confidence-building” gesture.

In 2003, U.S. forces assumed control of Camp Ashraf. At that time a thorough investigation, including background checks and interviews, was conducted on the residents of Ashraf, and it was determined that not one terrorist was among the 3,400 dissidents. The residents voluntarily disarmed to the United States and in return were given official “Protected Persons Status” and protection under the Fourth Geneva Convention.

Iraq assumed responsibility for the camp’s security in 2009 and gave assurances that the refugees would be given “humane treatment.” But then came the brutal attack on the residents of Ashraf.

Video footage showed unarmed civilians being shot in the head at close range by Iraqi soldiers, or being run over by Humvees. Al-Maliki did not stop there — within days he vowed to close Camp Ashraf, which would have sent these defenseless people into the desert to fend for themselves.

Another atrocity was only averted after a massive international campaign compelled the UN to draw up a memorandum of understanding with the Iraqi government to assure the safety and welfare of Ashraf residents.

The Iranian opposition movement leader Maryam Rajavi agreed for the residents to move to a new home, an abandoned U.S. military base known as Camp Liberty. Some 1,500 have already relocated there. However, reports from inside the camp describe conditions as prison-like and not meeting the bare-minimum humanitarian standards. The residents fear another disaster is looming around the corner.

The issue at hand is now more than a humanitarian crisis; the people scattered between camps Ashraf and Liberty represent the only viable check on the power and ambitions of the Iranian regime. There is, however, one simple way the U.S. State Department can stop this persecution: Delist the MEK as a foreign terrorist organization.

Why, at a time when international tensions with Iran are escalating, when policy options for rolling back Tehran’s nuclear program are dwindling, when Secretary of State Hillary Clinton is condemning Iran for “interfering with neighbors” (in reference to Syria) and “exporting terrorism,” would unleashing the opposition be off the table?

Why would the U.S. government go so far as to launch an investigation into Americans who have dared to expose some dark truths about U.S. policy, as the Treasury Department recently did against several former senior U.S. officials from both parties?

Why would the U.S. government go so far as to investigate and harass American former senior officials who have spoken out against the unwarranted designation of MEK? That the United States is dragging its heels over delisting them is inexplicable, given that the UK and EU removed the MEK from the blacklist more than three years ago.

The United States and the U.N. need to expedite the process of relocating these vulnerable men and women to third countries and getting the MEK into the struggle to contain Iran. The United States needs to recognize the humanitarian crisis and the strategic value of the Iranian opposition before it is too late.

 
Lt. Col. Leo McCloskey (ret.), is a Tampa resident and was the commander of Joint Interagency Task Force at Camp Ashraf, Iraq, until January 2009. Brig. Gen. David Phillips (ret.), is the former chief of the Military Policy School at Fort Leonard Wood and former commander of all police operations in Iraq, which included the protection of Camp Ashraf. Col. Wesley Martin (ret.), served as the senior antiterrorism/force protection officer for all coalition forces in Iraq and was the first colonel in charge of Camp Ashraf.
 

The most powerful weapon Obama can deploy against Iran

FoxNews.com

By Tom Ridge, General Hugh Shelton, Patrick Kennedy

To believe that the resumption of negotiations in Istanbul could — or ever will –avert Iranian nuclear breakout and a possible Middle East conflagration, is to believe in the triumph of hope over experience. When it comes to the Mullahs’ intentions, however, we believe that the past is best viewed as prologue.

Consider that on the eve of these new negotiations, Mahmoud Ahmadinejad brazenly mocked President Obama’s “last chance” proffer to the Mullahs, declaring that sanctions were a failure because Iran has stockpiled enough hard currency to survive for years without selling any oil.

True or not, the fact remains that the so-called “P5 +1,” (the US, Britain, China, France, Russia and Germany) have begun their first talks with Iran in over 15 months after a previous round of negotiations ended without agreement in January 2011.

It is hardly surprising to us that little of substance was discussed and that no concrete proposals or confidence-building measures were agreed to now, either.

After all, ten years of diplomatic efforts have only emboldened the Mullahs’ terrorist regime. These latest talks only enable the regime in Tehran to buy time while building their nuclear weapons program.

But the Obama administration has another option worth trying at its disposal.

Secretary of State Clinton got it exactly right when she focused world attention on the critical distinction between the people of Iran and the Mullah’s oppressive terrorist regime.

Following the April 1 Conference on Syria, Clinton rightly said that, “In the last six, eight months we’ve had Iranian plots disrupted from Thailand to India to Georgia to Mexico and many places in between. This is a country, not a terrorist group…the people deserve better than to be living under a regime that exports terrorism.”

As President Obama struggles to find a solution to Iran’s increasingly threatening nuclear ambitions, he should realize that the most powerful weapon the US can deploy now is not the sanctions of diplomacy, or the missiles of war, but support for regime change in Iran.

Opposition parties in Iran are brutally oppressed and the most viable organized resistance in the country—the Mujahedin-e Khalq (MEK) has been exiled and persecuted relentlessly by the Mullahs for more than thirty years.

The regime in Tehran views MEK as an existential threat because MEK strives to replace the unelected, clerical regime with a liberal democracy that champions a non-nuclear Iranian future, equal rights for women and minorities, and a free press. But the major opposition to the Mullahs is being prevented from realizing these dreams of freedom for the Iranian people because both Iran and the US designate them as a terrorist organization.

MEK is a movement that epitomizes the very spirit of the Arab Spring. By removing MEK from an unjust designation, the Obama administration can create a new political dynamic – one that can effectively undermine the worlds’ leading state sponsor of terrorism.

The Clinton administration initially added MEK to the State Department’s blacklist in 1997 as part of a failed political ploy to appease Iran—mistakenly thought at the time to be moving towards moderation. The Mullahs demanded that the group be listed as a precondition for potential negotiations with the US. Those negotiations never materialized then — and won’t work now either.

Still, the Obama administration outrageously delays removing  MEK, a declared democratic ally that has provided invaluable intelligence on the location of key Iranian nuclear sites, from its list of “Foreign Terrorist Organizations” (FTO) even though it meets none of the legal criteria.

This folly has given Iran and its proxies in Iraq a license to kill thousands of MEK members, including a massacre on April 8 of last year, that killed 47, including eight women, or wounded hundreds of unarmed members of the exiled MEK dissidents living in Camp Ashraf, Iraq—each and every one of whom was given written guarantees of protection by the US government.

Now that US troops have left Iraq, Iran is determined to extend its influence in the region and has vowed to exterminate the unarmed men and women at Camp Ashraf. The residents of Camp Ashraf have all been interviewed by the FBI and seven other U.S. agencies and there has never been a shred of evidence anyone in that camp was motivated by, interested in, or capable of conducting acts of terrorism.

In a bipartisan initiative, nearly 100 Members of Congress, including Chairs of House Intelligence and Armed Services as well as Oversight and Government Reform committees, have called for MEK to be de-listed.

The unfounded MEK designation only serves as a license to kill for both the Iraqi forces and the kangaroo courts in Iran, which regularly arrest, torture, and murder people because of their MEK affiliation. It shames the State Department’s designation process that has wrongly maintained the blacklist for misguided political reasons and it prevents the safe resettlement of Camp Ashraf residents to other countries, including the United States where many Iranian-American citizens are waiting to be reunited with their exiled family members.

Nearly two years after a US Court of Appeals found that the State Department had violated MEK’s due process rights, and ordered a re-evaluation, Secretary of State Clinton is still “reviewing” this inappropriate and unlawful designation.   

Under the agreement brokered by the United Nations Assistance Mission for Iraq (UNAMI), Ashraf residents are in the process of relocating to a site at an abandoned former US military base known as Camp Liberty, in Baghdad. Despite uninhabitable conditions there, and frequent assaults by Iraqi police, Secretary Clinton told Congress that residents’ cooperation in moving from their home of 26 years to Camp Liberty would be a precondition for delisting MEK.

So far, 1,600 residents have been relocated to Camp Liberty and this “process” has claimed one life and resulted in unprovoked attack by Iraqi police (at Iran’s bidding) that left 29 wounded last week.

MEK members have shown remarkable cooperation and restraint and have been extremely tolerant and peaceful in dealing with Iraqi mistreatment. Still, the State Department continues to stall on de-listing the MEK, which explains why it has been ordered to appear in the US Federal Court of Appeals in Washington, DC on May 8 to publicly explain its reasons for inaction on this vital matter of grave humanitarian consequence.

In the meantime, one can only hope that Secretary Clinton means it when she says that the Iranian people deserve to be free of the mullahs. Unshackling the main Iranian opposition movement from an unwarranted State Department blacklist and honoring US promises to guarantee the safety of exiled Iranian dissidents would certainly be a good place to start.

General Hugh Shelton was the 14th Chairman of the US Joint Chiefs of Staff.  Former Pennsylvania Gov. Tom Ridge served as the first U.S. Homeland Security Secretary. Patrick Kennedy represented Rhode Island’s 1st District in the House of Representatives from 1995 to 2011.

http://www.foxnews.com/opinion/2012/04/16/most-powerful-weapon-obama-can-deploy-against-iran/

Former US Officials Reiterate Backing for Delisting the Iranian Opposition Group, Say They Will Not be Intimidated or Silenced

WASHINGTON, April 9, 2012 /PRNewswire via COMTEX/ — A group of prominent former officials say they refuse to abandon their support for the People’s Mujahedin of Iran (PMOI/MEK) and their efforts to have the group removed from the State Department’s terrorist list, despite indirect warnings from the Treasury Department that their support for the group could constitute a crime.

“I never knew obtaining a subpoena from your own government would be so much fun,” former Pennsylvania Gov. Ed Rendell told a crowd of nearly 1,000 at an event to commemorate the first anniversary of an attack by Iraqi military forces against Iranian citizens in the Camp Ashraf in Iraq, where 36, including eight women, were killed and hundreds wounded. “On the one hand we’re being investigated by the Treasury Department… for contact with the MEK, (but) the State Department asked us to have contact with the MEK. Can someone explain that to me?”

Referring to the media reports on the Treasury’s potential probe of a number of the luminaries who have spoken out about the failure of the United States to uphold its commitments to protect Iranian dissidents at Camp Ashraf and the need to delist the MEK, Harvard Law Prof. Alan Dershowitz said, “It’s a tragedy that we have had to place our own sacred honor at risk by supporting humanitarian cause, the saving of innocent lives and obligation of our government to keep its commitments.” “I never thought I would live to see the day when my own country… threatens its own citizens who speak up on behalf of law, justice and humanitarian obligations of the United States.”

“Up here on the dais with me…we have some of America’s most distinguished public servants, most decorated military officers, and most respected diplomats,” said Ambassador Mitchell Reiss, who served as Policy Planning Director under former Secretary of State Colin L. Powell.

“We come together today at a time when some people in the U.S. Government are trying to intimidate us…our presence here…is a rebuke to those who oppose this cause,” Reiss who moderated the event added. “We will not be intimidated, discouraged, and we will not be silenced.”

“I want to say with all of my heart and sincerity that I was advised by my friends in the administration not to be here today,” said Ambassador Marc Ginsberg, the former U.S. Ambassador to Morocco said, adding, “Why are they leaking inflammatory and inappropriate information about the rights of the people sitting up here today to speak their minds even if they were being paid to leave their offices and to spend time before you. Are they trying to shoot the messenger because they don’t like the message?”

Referring to the writ of mandamus submitted to the Court of Appeals for the District of Columbia by the MEK Counsel, Attorney General Michael Mukasey said, “The State Department can do all the conduct in foreign relations that it wants, but it can’t put anybody on the list or keep anybody on the list unless they qualify. And I think, as a piece of friendly advice, it is ill-advised to tell a court that it is none of their business. I suggest to you that they will find out soon enough that it is the business of a court.”

“We had seen within the past weeks Secretary Clinton say that the conduct of the MEK in transferring residents from Ashraf to Camp Liberty would be a factor in deciding whether the MEK would stay on the list of foreign terrorist organizations… Another fundamentally political point,” the former U.S. Ambassador to the United Nations Ambassador John Bolton said. “If the original designation was bad and it was, and if the decision in 2008 to continue the listing was worse, this is worst of all.”

“I think we all have to be very vigilant and this is a real test for the United Nations as to what UNHCR does at Camp Liberty…there should be an evaluation of what can be done at the Security Council to push and accelerate the process to repatriating our colleagues and family members and friends in Camp Liberty,” former U.S. ambassador for special political affairs, Stuart Holliday, said.

Former Marine Corps Commandant General James Conway and former chief judge of the United States Court of Appeals for the Armed Forces Eugene Sullivan questioned the designation of the MEK and underscored the need to fulfill America’s promise to protect the residents of Camp Ashraf until they are resettled in third countries.

The MEK formally renounced violence in 2001, and voluntarily disarmed when US forces arrived at Camp Ashraf in 2003. Investigations since by the US military, the CIA, the FBI, the Department of Homeland Security and others US agencies have all concluded the group is not a terrorist organization.

SOURCE Iranian American Community of Northern California

http://www.marketwatch.com/story/former-us-officials-reiterate-backing-for-delisting-the-iranian-opposition-group-say-they-will-not-be-intimidated-or-silenced-according-to-iranian-american-community-of-northern-california-2012-04-09

Bipartisan Political Leaders Urge Removal of MEK from Terrorist List, Denounce Attempt to Silence State Department Policy Critics

PRNEWSWIRE

WASHINGTON, March, 24, 2012 /PRNewswire-USNewswire/ – With a federal appeals court deadline looming for the U.S. State Department to answer why it has defied earlier court rulings requiring review of a decision to maintain the main Iranian opposition movement, the Mujahedin-e Khaq (MEK) on the terrorist list, top former US officials and Members of Congress are urging the Department to remove the group immediately.

“I believe we will not only get our day in court, I believe we will succeed,” former U.S. Department of Homeland Security Director Tom Ridge told an audience of Members of Congress, staff members, and Iranian-Americans during an event, marking the Iranian New Year, Nowrouz. “Sometimes justice takes a little longer than normal, but sooner or later, righteousness and the law prevail, and we will prevail.”

Other speakers included Rep. Ileana Ros-Lehtinen (R-FL), the House Foreign Affairs Committee Chair, Rep. Mike Kaufman (R-CO), Sheila Jackson Lee (D-TX) and retired Army Col. Wesley Martin, who commanded Camp Ashraf.

At issue is the fate of 3,400 Iranian dissidents now housed at Camp Ashraf and Camp Liberty in Iraq; their safe relocation has been vastly complicated by the State Department’s refusal the make a decision on the Status of the MEK.

In 2010, a three-judge panel in the United States Court of Appeals for the District of Columbia Circuit unanimously ruled that the State Department had violated the due process rights of the MEK and ordered the Obama administration to revisit the issue. Since then, the State Department continues to be in violation of the due process in virtue of its refusal to make a decision based on instructions given by the Court.

Earlier this month, attorneys for the MEK filed a writ of mandamus seeking the court’s intervention in light of State inaction. The court did so expeditiously, and gave the government a deadline of March 26 to respond to the mandamus.

In the meantime, in a move which some observers believe is tied to the court developments, the Treasury Department is apparently contemplating a “potential” investigation into the source of funding for events where a number of senior former federal law enforcement, intelligence and and national security officials had urged that the MEK be dropped from the State Department’s terror list and the residents of Ashraf be protected.

Rep. Dana Rohrabacher, R-CA, who chairs the House Foreign Affairs Oversight and Investigations subcommittee, has called this inquiry “a travesty,” adding that it is “a sin that our government is going after these people trying to support the people of Iran.”

“It seems that the method to silence those who are in favor of the liberation of the MEK from the foreign terrorist organization… is to attack them personally… That is not going to work. Whoever is behind the attacks on these good men and women with unbelievable credentials, who believe in the de-listing of the MEK, it will not succeed,” emphasized the Texas Republican, Rep. Ted Poe.

Since the Court ruling, nearly 130 members of Congress, including House Select Committee on Intelligence Chairman Mike Rogers (R-MI), Oversight and Government Reform Chair Darrel Issa (R-CA) and Armed Services Committee Chair Howard McKeon (R-CA), have co-sponsored resolutions calling for the delisting of the MEK. 

SOURCE: Californian Society for Democracy in Iran

http://www.prnewswire.com/news-releases/bipartisan-political-leaders-urge-removal-of-mek-from-terrorist-list-denounce-attempt-to-silence-state-department-policy-critics-144065216.html

Iran group gets U.S. backers

THE NATIONAL LAW JOURNAL

Coalition urging State Department to take dissidents off terror list

For nearly 20 months, the legal status of a dissident Iranian group has remained in limbo, mired in a U.S. State Department review of the association’s official designation as a foreign terrorist organization.

A federal appeals court in Washington directed the agency in July 2010 to take another look at the People’s Mojahedin Organization of Iran, saying the government violated the group’s rights during an earlier assessment. But the agency,  almost two years later, still hasn’t made a decision.

Frustrated by the government’s protracted silence, lawyers for the People’s Mojahedin, or PMOI, last week asked the U.S. Court of Appeals for the D.C. Circuit to immediately force the State Department to act.

The group’s prominent legal team — including Mayer Brown’s Andrew Frey in New York and Viet Dinh of Washington’s Bancroft — filed a petition on Feb. 27 that could force the government to either remove the resistance group from the terror list or require the State Department to rule within 30 days. The lawyers urged the appeals court to expedite the case, arguing that the lives of PMOI members and supporters are in danger at an exile camp near the Iran-Iraq border.

“The fact we have sat here for 20 months without any resolution really accentuated the need for court action,” said Dinh, a former top Justice Department lawyer in the George W. Bush administration and a founding Bancroft partner. “We’ve found ourselves in a situation where Secretary [Hillary] Clinton can achieve the same result of denial by sitting on our
application.”

In appellate court papers, the lawyers advocating for PMOI described the State Department’s inaction as an “unjustified pocket veto” of the group’s request for removal from the terrorist organization list. The attorneys contend the State Department only had 180 days by statute to resolve the dispute.

The Justice Department’s Douglas Letter, a senior Civil Division appellate attorney who specializes in terrorism litigation, declined to comment. In a court filing on March 1, Letter urged the D.C. Circuit to deny the petition from the Iranian resistance group, which is also called the Mojahedin-e Khalq Organization.

The final decision, Letter said, takes into consideration “delicate foreign relations concerns and complex national security determinations” that are unsuited for a judicial order compelling the State Department to make a decision.

PMOI’s advocates stretch well beyond Iranian community associations in northern California and in Texas, both of which spent hundreds of thousands of dollars last year on lobbying fees over the PMOI terrorist designation. Prominent former public officials representing Republican and Democratic administrations have advocated for the removal of the PMOI from the terrorist-organization list. Howard Dean, chairman of the Democratic National Committee from 2005 to 2009, spoke earlier this month at a conference in Washington in support of PMOI.

Former Attorney General Michael Mukasey, former New York City mayor Rudolph Giuliani and former FBI director Louis Freeh were among the 21 signatories on a friend-of-the-court brief filed on Feb. 29 in support of the Iranian group’s petition. The group included top former officials in the national security and intelligence arenas.

PATIENCE EXHAUSTED

PMOI’s attorneys, who also include Greenberg Traurig partner Steven Schneebaum and Washington solo Allan Gerson, argue that the dissident group renounced terrorist activity in 2001 and is now bent on seeing a democratic, secular regime in Iran through social and political change.

PMOI, which was first designated a terrorist organization in 1997 under President Bill Clinton, wants to replace the current Iranian leadership through the National Liberation Army and through an opposition group called the National Council of Resistance of Iran.

Inclusion on the terror list, however, presents obstacles for fundraising and support. The State Department’s terrorist list comprises 50 groups, including al-Queda in Iraq, the Palestine Liberation Front and Hizballah. Federal law makes it a crime for anyone to provide material support or resources to a listed organization. Representatives and members of a designated group can be denied entry into, or removed from, the United States. Banks are authorized to freeze an organization’s funds.

DOJ said in court papers filed in an earlier version of the case in the D.C. Circuit that PMOI, founded in 1965 by students and intellectuals, engaged in terrorist attacks inside Iran in the 1970s that killed several U.S. military personnel and civilians. PMOI, Justice lawyers said, claimed responsibility in 1979 for the killing of an American Texaco executive.

DOJ’s legal team said PMOI had the burden to show that current circumstances had sufficiently changed to warrant revocation from the list. The United Kingdom removed the group from its terrorist list in 2008, followed by the European Union the next year.

The D.C. Circuit in the summer of 2010 revived PMOI’s legal challenge of its designation, weighing in for the fifth time in a series of related actions. A three-judge panel said the State Department denied the group timely access to unclassified information that the agency used to base its decision. The court remanded the case to the agency.

Dinh and Frey, a longtime U.S. Supreme Court advocate, said the State Department had no choice then but to delist PMOI.
The government, the lawyers said, cannot meet two critical prongs — that the group is still engaged in terrorist activity and that such activity threatens the security of the United States.

Frey said PMOI’s legal team did not file the mandamus petition lightly. DOJ, he said, was not pleased. “We would have preferred to have the secretary act,” Frey said. “I guess it’s fair to say my client’s patience was finally exhausted.”

The Iraqi government wants to shut down Camp Ashraf by April, presenting a challenge to relocate more than 3,200 residents. “That deadline is only two months away,” PMOI’s lawyers said in the D.C. Circuit petition. “Yet the Secretary of State shows no apparent sense of urgency to resolve PMOI’s petition for revocation by then.”

On Capitol Hill last week, Secretary Clinton told members of the House Foreign Affairs Committee that the State Department continues “to work on our review of [PMOI’s] designation as a foreign terrorist organization in accordance with the D.C. Circuit’s decision and applicable law.” The department, she also said, is “deeply concerned about the security and safety of the residents” at the refugee camp.

Clinton said the group’s cooperation with its removal from the Camp Ashraf base in Iraq, where thousands of PMOI members and supporters live, will be a “key factor” in the group’s removal from the foreign terrorist list.

BROAD SUPPORT

Throwing their weight behind PMOI’s legal fight are former top government officials in the national security, defense and intelligence arenas. Mukasey, who served as attorney general under Bush and who is now a partner at Debevoise & Plimpton in New York, said politics should have no role in assessing whether the Iranian resistance group remains on
the list of foreign terrorist organizations.

“When people say there’s a political component to this, that’s shocking,” Mukasey said in an interview. “There is no justification for it on the facts. The statute doesn’t say that if it’s politically convenient or advantageous you can keep them on the list.”

Advocates for PMOI in the United States, Mukasey said, are “well organized.” He said he is confident PMOI could “make a major contribution if they were allowed to function as a normal political group.”

Congressional records show that two Iranian community groups last year spent a combined $400,000 on lobbying efforts over PMOI’s designation as a terrorist group. Akin Gump Strauss Hauer & Feld received $290,000 from the Iranian American Community of Northern California. The Iranian American Community of North Texas spent $110,000 for
lobbying work by diGenova & Toensing.

Victoria Toensing, who advocated on Capitol Hill for the group last year, trumpeted PMOI’s petition in the D.C. Circuit, saying that the legal strategy was a shot in the arm to get the State Department’s attention. “People from different disciplines have looked at this issue and see a dissident group that opposes Iran,” Toensing said. “What’s not to like?”

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202544280386&Iran_group_gets_US_backers

Camp “Liberty”: A Cruel Hoax?

THE HUFFINGTON POST

In 1932, the eminent theologian Reinhold Niebuhr wrote “Moral Man and Immoral Society” warning of the tendency of institutions to lose their sense of humanity. How better to explain today’s actions of the US State Department in toying with the lives and hopes of over 3000 Iranian dissidents being “voluntarily” relocated from Camp Ashraf , a small city 40 miles north of Baghdad, where they have lived for the last 25 years? From there they are being moved to a small isolated section of Camp Liberty, an abandoned American base, looted by the Iraqis, with no basic amenities and under the watchful eyes of Iraqi police who have viciously attacked them before.

In the State Department’s view, they are doing these dissidents, members of the MEK (The Mujahedeen-e Khalq), a favor and are not dishonoring a solemn commitment made to them by the US Army in July 2004 when it promised that they would be treated as Protected Persons under the Geneva Conventions in return for the MEK’s surrendering their means of self-protection. But, sad to say, the State Department’s benevolent view is seriously flawed.

In reality, it has, as Niebuhr warned, lost its sense of humanity and has shown instead that US assurances of protection cannot be taken seriously in the face of institutional interests. The US has ceded any rights it may have had as an occupying power to a new Iraqi regime, one which wishes to placate neighboring Iran as the devil it must deal with. Who suffers as a result? In the short run, the MEK, of course; in the long run, the United States.

To be sure, the State Department can rightly claim that it has attempted to soften the blow to which the MEK would otherwise be exposed if its people remained at Camp Ashraf. For there they would be subject to additional lethal attacks by Iraqi forces and perhaps forcible deportation to Iran to face death sentences. Instead, State, working with UN officials, has proposed the “solution” of a so called voluntary transfer to Camp Liberty, where despite sub-standard conditions it would serve as a gateway to Europe and the Americas once the new arrivals are processed as refugees by the UN.

Here is what is wrong with this scenario as provided by recent reports by those on the ground: 400 MEK members who, despite strong skepticism about the plan accepted the offer as a way of testing the good intentions of the State Department, the United Nations and the government of Iraq.

1. Camp Liberty has no serviceable water supply let alone drinking water.

2. The trailers in which new arrivals are to be housed are worn-out and extremely dirty to the point of being un-inhabitable. There are only 80 trailers and most of them lack electrical wiring and thus there is no light and no heating.

3. The sewage system is not functioning and thus the lack of hygienic facilities is likely to cause serious health problems, with raw sewage in open areas of the residential quarters.

4. Contrary to assurances by the Secretary General’s Special Representative for Iraq, Ambassador Kobler, that Camp Liberty meets humanitarian standards – and similar assurances from the State Department on which MEK members relied in accepting relocation there, minimal international humanitarian standards are blatantly absent.

5. The police headquarters is situated northwest of the camp, next to section where the residents are located. In addition there are four other police stations and checkpoints with one situated on the pathway to the dining facility so that every resident going to the dining facility must pass the police checkpoint. More ominously, the police commander in charge of the camp appears to be the same commander responsible for incursions into Camp Ashraf which on two occasions left a total of more than 40 unarmed civilians dead and hundreds wounded. In addition, police are constantly patrolling within the camp on vehicles with heavy machine-guns.

6. Furthermore, the Iraqis have installed seven surveillance cameras all directed on the residential area of the Camp. Those cameras leave absolutely no privacy for anyone.

7. A prison would be much better than Camp Liberty, because in a prison, the prison guards will have to abide by certain rules, and the prisoners have certain rights. In Camp Liberty, the Iraqi policy operation seems to be unbridled.

All of this raises the question of why the State Department would be party to such chicanery, for Camp Liberty gives no sign of being a processing center for resettlement, but more in the nature of a prison where liberty is a dead-letter word. We have only one State Department and would of course like to give it the benefit of the doubt. Certainly, this is what the leadership of the MEK has done. Yet, what credibility does the State Department have with regard to the MEK when it has persisted in keeping it on its FTO (Foreign Terrorist Organizations) List, long after the UK and EU have taken it off its respective lists for lack of any substantiating evidence.

Unfortunately, it appears that Camp Liberty may be but a cruel hoax perpetrated on this group. Surely the State Department is aware that Iraqi Prime Minister Nouri al -Maliki has made his intention perfectly clear: to rid the MEK from Iraqi soil. Problem is no one wants to accept them for relocation so long as they remain on the State Department FTO List. Instead of removing them from this list, the State Department, without any showing of good reason, as called for by the US Court of Appeals in Washington, has refused to delist the MEK. Thus it enables the Iraqi regime to fall back on the canard that the MEK, deemed as a terrorist entity by the United States, deserves whatever treatment the Iraqi government deems fit. Thus, understandings reached about resettlement, whatever they may be, are undermined by the State Department itself.

Apparently, the State Department refusal to budge, despite a US Court of Appeals order in July 2010 to expedite the de-designation review process, is anchored in the fantasy that Iran can be induced to negotiate its nuclear development program if Iran’s key opponents – the MEK – can be kept in shackles.

Aside from questions of the integrity of what the United States says and does – today the MEK, tomorrow who knows who?–there is something about the State Department position which defies logic as well as law. The MEK is the enemy of our enemy, not America’s enemy. It has renounced terrorism. In the face of extreme provocation the MEK has once again shown its commitment to non-violence and exhaustion of all peaceful means to transforming Iran from brutality to humanity, from theocratic autocracy to a semblance of democracy.

Perhaps, against a dismal picture so far, some good will still come of the State Department’s efforts at resettlement at Camp Liberty. This much is certain: if Camp Liberty turns out to be a hoax, there is no reason for anyone ever to believe that the United States will stand up to Iran.

Allan Gerson is the Chairman of AG International Law in Washington D.C. He is presently involved with other attorneys in representing the PMOI/MEK in its efforts to be removed from the State Department List of Foreign Terrorist Organizations.

http://www.huffingtonpost.com/allan-gerson/camp-liberty-a-cruel-hoax_b_1294291.html

Bipartisan Group of U.S. Leaders Calls on State Department to Remove Iranian Dissidents From Terror List, Urges UN to Protect Them

PRNewswire

NEW YORK, Feb. 14, 2012 /PRNewswire via COMTEX/ — A bipartisan group of former U.S. political and military leaders is calling for the U.S. State Department to remove a prominent Iranian dissident group, the People’s Mojahedin Organization of Iran/Mujahedeen-e-Khalq (PMOI/MeK), from its list of terrorist organizations, saying the classification is unjustified and 3,400 Iranian dissidents housed at Camp Ashraf in Iraq cannot be safely resettled until the change is made.

“What troubles me is the politicization of the national terrorist list,” former Rep. Patrick Kennedy, D-RI, said at a conference attended by more than 1,000 Iranian-Americans and community leaders Saturday in New York. “I call on the State Department of the United States to be honest, to be truthful, and to follow the facts.”

The event, entitled, “The Iranian Revolution, Three Decades Later: Prospects for Change, the Role of the Opposition and Camp Ashraf,” was organized by Global Initiative for Democracy (GID) and held at the landmark Waldorf Astoria Hotel. Former Freedom House Executive Director and the GID founder and President Bruce McColm convened the conference. Other panelists included Carl Bernstein, Gen. George W. Casey, Jr., Governor Howard Dean, Lt. Gen. David Deptula, Director Louis Freeh, Mayor Rudy Giuliani, House Speaker Dennis Hastert, Attorney General Michael Mukasey, and Gen. Hugh Shelton.

In July 2010, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the State Department had violated the due process rights of the MEK and remanded the case to the Secretary. Nearly 19 months later, the State Department has refused to act.

“Why is the State Department waiting so long? What is it, two years now that they have been delaying in making this decision? These are terrorism experts,” former New York City Mayor Rudy Giuliani said of his fellow panelists, who included former US Attorney General Michael Mukasey and former FBI Director Louis Freeh. “They know terrorism. These people know terrorism when they see it. This group [PMOI/MeK] is not a terrorist group. Lift the designation and let’s have our country on the right side [of the law and facts].”

At issue is the fate of some 3,400 Iranian dissidents housed at Camp Ashraf in Iraq, whose protection was handed over to the Iraqi forces in early 2009. The residents of the camp, most of whom belong to the MeK, voluntarily disarmed to U.S. forces in 2003, and were recognized as “protected persons” under the Fourth Geneva Convention by the U.S. government in 2004.

Iraqi forces have twice attacked its inhabitants, resulting in 47 deaths and more than 1,000 injuries. Until the United States revisits its designation of the MeK as a terrorist group, it is unlikely that any of those living at Camp Ashraf would be allowed to emigrate to safety in the United States or any European nation.

Director Freeh said that the group would soon petition the federal appeals court for the District of Columbia to compel U.S. Secretary of State Hillary Rodham Clinton to revisit the State Department’s terrorism designation for the MEK.

Former House Speaker Dennis Hastert suggested another way to prod the State Department into action.

“The dollars that drive the State Department are appropriated by the Congress,” Hastert said. “And just the threat of holding up part of that appropriation will certainly get the State Department’s attention. I think this is important and it can be done. ”

Another speaker, famed Watergate journalist Carl Bernstein, challenged fellow reporters to cover a story he said had so far escaped the attention it deserves.

“One of the things that we do as journalists, the most important thing we do, is decide what is news. And this is news,” Bernstein said. “And one of the things we do when we decide what is news is we decide what portion of the story is devoted to what we know to be fact and what portion of the story is devoted to what we know is a lie. We have a responsibility not to inflate the lie and give it equal time to what we know is the truth. What is news here is [the failure to delist] is serving the purpose of the Iranian regime. That is news.”

Former Vermont Governor Howard Dean noted that even in spite of the fact the camp has twice been attacked, Camp Ashraf leaders have agreed to send 100 Camp Ashraf residents to Camp Liberty, a new facility in Baghdad which Dean described as being “essentially a prison that would be governed by Iraqi military forces, without preconditions – despite the fact that residents there would have no access to attorneys and no international monitors would be able to evaluate conditions there.”

“This situation is not resolved,” Dean said. “I believe that when one side offers without conditions to do something…then we have an obligation to accept that.” Dean added, “It is immoral to sit and claim you are negotiating in good faith if you can’t take yes for an answer. Our government has a question about whether they are a moral government.” Lt. General Deptula, the former Deputy Chief of Staff for Intelligence, Surveillance and Reconnaissance at the Air Force, said “The idea to relocate residents who have already agreed to leave Iraq to Camp Liberty, before departing Iraq, is suspect at best. Does Tehran have a plan to arrest a number of the residents of the camp through its Iraqi surrogates and do they plan to use the relocation process as a means to get their opponents arrested?”

http://www.marketwatch.com/story/bipartisan-group-of-us-leaders-calls-on-state-department-to-remove-iranian-dissidents-from-terror-list-urges-un-to-protect-them-2012-02-14

Bi-Partisan Members of Congress, Prominent Former Officials Call for Peaceful Resettlement of Camp Ashraf Residents, Removal of the Dissidents from Terrorist List

PRNEWSWIRE

WASHINGTON, Feb. 7, 2012 /PRNewswire-USNewswire/ — Members of Congress, prominent scholars and former U.S. officials called for a speedy and peaceful end to the standoff over the fate of 3,400 pro-democracy Iranian dissidents at Camp Ashraf in Iraq, amid warnings that a failure to quickly and safely relocate them would endanger their lives.

“There is a looming genocide that could occur if a number of different things don’t go right in the next weeks and months,” warned former FBI Director Louis Freeh. “Our goal here is to make sure that genocide does not occur.”

“This issue is simple, and at this critical time, the U.S. position must be clear and steadfast,” added Rep. Ileana Ros-Lehtinen (R-FL), who chairs the House Foreign Affairs Committee. “International humanitarian standards must be upheld, human rights must be respected – these are universal obligations, and the residents of Camp Ashraf deserve no less.”

The event, held in the Cannon Caucus Room, was sponsored by the House Foreign Affairs Committee member Ted Poe (R-TX). Reps. Dana Rohrabacher (R-CA), Brad Sherman (D-CA), Sheila Jackson-Lee (D-TX), Dan Lungren (R-CA) and Trent Franks, (R-AZ) also spoke.

Former Pennsylvania Gov. Ed Rendell, a Democrat, also spoke in support of those at Camp Ashraf, as did Marc Ginsberg, who served as U.S. Ambassador to Morocco during the Clinton administration.

The residents of Camp Ashraf are members of the Mujahedin-e Khalq (MEK). Speakers also called for the State Department to remove the group from its list of terrorist organizations, a move that would speed their relocation, a view shared by renowned lawyer Alan Dershowitz and former New York Senator Alfonse D’Amato.

The group, which was placed on the list in 1997, renounced violence in 2001. When the U.S. military took control of the camp in 2003, it conducted detailed research and analysis on each of the residents there – all of whom voluntarily disarmed – and found no evidence of terrorist activity or association. Parallel investigations by other U.S. and international law enforcement organizations reached the same conclusion.

“A thorough individual background investigation… produced no evidence of wrongdoing, no evidence of criminal acts, and absolutely no evidence of terrorism by these people,” said retired U.S. Army Brig. Gen. David Phillips, who was the camp’s commander. “I didn’t read or get my information second and third hand. I lived it. I experienced it. I know it.”

Iraqi Prime Minister Nouri al-Maliki, whose government took over control of Camp Ashraf from the U.S. military in 2009, has claimed that the Iranian dissidents’ presence in Iraq “raises problems with Iran.” In 2009 and 2011, the camp was attacked by Iraqi forces, resulting in 47 deaths and more than 1,000 injuries. Maliki had sought to close the camp at the end of 2011, but bowed to international pressure and allowed it to stay open until the end of April.

At issue is the fate of the dissidents; whose return to Iran would be tantamount to a death sentence. The MEK, other Iranian dissident groups and human rights organizations argue that those living in Camp Ashraf should be safely relocated to other nations by the United Nations High Commissioner for Refugees. And while the Camp residents have already been granted “protected persons” status under the 4th Geneva Convention, Iraq has practically blocked the resettlement efforts by not allowing the UNHCR to start its process even though the UN body declared its readiness to do so in September.

The residents’ supporters are also wary of the Iraqi government’s desire to move them to Camp Liberty, a former U.S. military base near Baghdad International Airport, citing the lack of access to the camp by family members and lawyers, the lack of freedom of movement, the absence of UN inspectors inside the camp, the belief that those housed there would be denied adequate medical care, and the fear that they would be mistreated or brutalized by Iraqi forces.

“The way Camp Liberty has been pre-designed and controlled by the Iraqi regime, clearly at the behest of the Iranian regime, it is now a prison camp, not a refugee camp,” Freeh said.

http://www.prnewswire.com/news-releases/bi-partisan-members-of-congress-prominent-former-officials-call-for-peaceful-resettlement-of-camp-ashraf-residents-removal-of-the-dissidents-from-terrorist-list—-californian-society-for-democracy-in-iran-138898629.html