November 2, 2026

US Court Challenges

 

Timeline: Legal Challenges to MEK’s FTO Designation in US

 

Oct. 1997U.S. Department of State includes the MEK in the list of Foreign Terrorist Organizations under the Antiterrorism and Effective Death Penalty Act of 1996. A senior Clinton Administration official told the Los Angeles Times on October 8, 1997, that the decision was a “goodwill gesture to the newly-elect moderate President Mohammad Khatami.”
1997-1998The MEK files petition with the Court of Appeals of the District of Columbia.
Oct. 1999State Department re-designates the MEK in the list of Foreign Terrorist Organizations and adds the National Council of Resistance of Iran (NCRI) to the list as an “alias” of the MEK. Martin Indyk, the then Assistant Secretary of State for Near Eastern Affairs, tells Reuters that the NCRI was added to the list because “the Iranian regime drew our attention to it.”
1999The MEK files petition, as does the NCRI with the Court of Appeals of the District of Columbia.
June 2001The Court rules that the constitutional rights of the NCRI are violated and since it is the alias of the MEK, the same applies to the MEK. It says the MEK’s right to a fair hearing has been violated.
Oct. 2001The Secretary of State re-designates the MEK and the NCRI in the FTO list.
Aug. 2003The Secretary of State issues an Executive Order to designate the NCRI’s US Representative Office which until then was considered by the administration and the court a separate entity from MEK and NCRI.
Oct. 2003The Secretary of State re-designates the MEK and the NCRI in the FTO list.
July 2008The MEK files petition with the Secretary of State for revocation.
Jan. 2009The State Department maintains the MEK on the FTO list which prompts the MEK to file a petition with the DC Circuit Court of Appeals for revocation.
July 2010U.S. Federal Court of Appeals for the District of Columbia Circuit rules unanimously that the Secretary of State had erred in refusing to grant a petition by the MEK to have its terrorist status revoked, strongly suggesting that the Department should remove the group from the FTO list.
July 15, 2011A year later, the State Department has yet to announce its decision on the MEK’s status, ignoring the statute-mandated 180-day deadline.  
February 27, 2012The MEK files a petition for a writ of mandamus to enforce the U.S. Federal Court of Appeals for the District of Columbia.
February 29, 2012Prominent US officials file an Amici Brief for MEK’s Mandamus.
April 10, 2012The U.S. Court of Appeals for the District of Columbia Circuit ordered that this matter be scheduled for oral argument on May 8, 2012.
June 1, 2012The U.S. Court of Appeals orders that “the Secretary of State either deny or grant MEK’s petition not later than four months from the date this opinion issues. Should the Secretary fail to take action within the four-month period, the petition for writ of mandamus setting aside the FTO designation will be granted.”
September 21, 2012The Washington Post reports that the State Department is preparing to remove the MEK from the U.S. government’s terrorist list.
September 28, 2012The MEK is officially delisted. In a letter to the US Court of Appeals, the US Department of Justice informs the Court that the Secretary of State has revoked the MEK’s designation.