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Lord Maginnis

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Subvert the Law; Betray the Nation!

Posted: 10/05/2012 17:01

The Mujahedeen-e-Khalq (MEK) was blacklisted by the Clinton administration to placate the Iranian mullahs in 1997. In 2012 the fallacy of that approach is self-evident. While it may be difficult to understand the U.S. Government's decision to label as terrorists a group of Iranian dissidents exiled in Iraq its recent perversion of the truth is most alarming.

This week, at a federal court hearing about the Mujahedeen-e-Khalq, we witnessed the State Department turn Justice on its head. Despite the public testimony of their own military commanders it was prepared to employ a brazen and blatant lie in order to keep the MEK listed as a foreign terror group (FTO).

Throughout the hearing at the U.S. Court of Appeals for the D.C. Circuit, Robert Loeb, the lawyer who represented Secretary of State Hillary Rodham Clinton, referred to the dissidents' home at Camp Ashraf as a "paramilitary base". He went further by saying the U.S. government has no way of knowing that the MEK is not a terror group since its members have never allowed a thorough inspection of the 15-square-mile Camp Ashraf. "They say that they have turned over a new leaf, but that has never been verified by the US military," Mr Loeb said.

This claim is so far from the truth that it undermines the very concept of Justice. That because, sitting in the very courtroom were at least two US military chiefs who had done exactly that - inspected Camp Ashraf, searched it with a fine tooth comb, and concluded that its people were not terrorists.

Brig. Gen. David Phillips and Col. Wesley Martin, who took charge of Ashraf after the US invasion of Iraq in 2003, could only look at each other in disbelief. For years they have testified to the real truth of the MEK.

Brig. Gen. Phillips personally oversaw the voluntarily disarmament of the dissidents in 2003, accepted by MEK in return for a solemn guarantee of American protection. He was in charge of the in-depth identification and investigation of every single man, and woman at Ashraf. Each one was interviewed by a Joint Interagency Task Force, and a board of officers adjudicated each case. Not a single shred of evidence was found that any of them were linked to terrorism, or indeed any form of criminality.

As a result, it fell to Brig Gen Phillips to inform the MEK leadership that they were classified as protected persons under the Fourth Geneva Convention, and that his unit was charged with their safety and security. Nor is he the only authority on the matter.

In June 2003, then-Maj. Gen. Ray Odierno announced that the MEK "have been completely disarmed. We have taken all small arms and all heavy equipment."

And in July 2006, Maj. Gen. William B. Caldwell IV described Camp Ashraf as "a secure military facility that the coalition forces guard on a 24/7 basis. [The residents are] under continuous surveillance and control."

In total, 21 individuals - including more Ashraf commanders like Col. Martin and Lt. Col. Leo McCloskey - have signed an amicus brief attesting to the fact that U.S. forces had complete access to all buildings and personnel at the camp and repeatedly conducted unannounced inspections.

Moreover the U.S. Government also knows that in April 2009, as part of the handover of control over the Camp to Iraqi forces, the incoming 'guardians' thoroughly searched Ashraf, using bomb-sniffing dogs, and provided a written certification that they had found neither weapons nor ammunition.

So how could Mr. Loeb have the bare-faced effrontery to stand before the court and make such a blatantly false statement? No such claim had ever been part of the Government's declared position regarding Ashraf, nor was such an allegation made even in the discredited 2009 decision denying a delisting petition.

What is clear here is that the State Department, in an election year, are continuing to procrastinate - and to adopt any excuse possible means to defend their lack of action. But such indifference to a group of dissidents has very serious consequences.

A year ago, Iraq forces, acting on the behest of the Iranian regime, entered Ashraf and massacred 36 innocent, defenceless residents. To this day, as the dissidents move to another base, ironically called "Camp Liberty", they are subject to ritual humiliation, bullying and intimidation from Iraqi forces.
In the federal court, Judge Stephen Williams accepted that the Iraqi government justifies its actions against the MEK partly due to the fact that the U.S. continues to designate them as a foreign terror organization.

Viet Dinh, who represented the MEK at the hearing, accused Mrs Clinton of "indifference and lassitude" toward the group and said that every day the dissidents remains on the FTO listing is a violation of its Rights.

It cannot be otherwise and lives of thousands of innocent people, to whom America had given its guarantee of protection, depend on it. Election year or not, such procrastination and selfish indifference must end and the MEK should be delisted. The U.S. demeans itself by its legal manipulation of the known facts and by its callous disregard for others - in this instance the MEK.

 
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13:46 on 12/05/2012
The MeK/PMOI is the most organised and most popular Iranian resistance force that has sacrificed everything for the cause of freedom and democracy in Iran and no wonder the ruthless mullahs and their agents want to see the organisation destroyed but this is not going to happen because although more than 120,000 members and sympathisers of this brave movement have been executed by the mullahs, but they remain the strongest opposition of Iran and they are a dagger in the side of the mullahs. The people of Iran support their brave children and the US State Department will one day bow its head in shame for this unjust terror listing which has only given the green light to both the Iranian and their puppet Iraqi government to brutally suppress the MeK.
13:37 on 12/05/2012
Thank you very much Lord Maginnis for this great piece.
17:11 on 11/05/2012
the MeK is an organization that has deliberately targeted and killed US uniformed service members in its past, and has an appalling record of terrorist activity in the service of its political agenda. It is an organization that cooperated willingly with Saddam Hussein in order to seek protection from the regime in Tehran. And, it is a group which now stands accused of a series of NEW targeted killings. The evidence for this is not flimsy, and it is not a joke. In light of this, I find it hard to understand the mania for absolving this organization and declaring it a good old fashioned NGO. The lack of sophistication in the outmany apologists like Lord Maginnis beggars belief. It is especially galling to see someone who has so swift to point out the grey area around transition from violent activism to normal politics in his own country so totally ignore the nuances in this situation. His Lordship ought to stop throwing bricks over the weasel like behavior of the State Department and start looking at the bigger picture around the MeK - because no one has clean hands in this story.
17:10 on 11/05/2012
Lord Maginnis' assertions that the MeK is nothing but a group of innocent civilians are absurd, insulting and indicative of his total lack of regard for the nuances of evidence and his devotion to a myopic political agenda of de-listing the group at any cost. The State Department may be placing itself in an uncomfortable and seemingly hypocritical position in court, but Lord Maginnis entirely ignores the larger context of MeK activities. Camp Ashraf is not the sole location of all MeK members, and what happens at the camps is not the sole extent of their activities. Lord Magannis is completely ignoring the substantial evidence that MeK members have been involved in recent assassinations of nuclear scientists in Iran. Whether these activities were undertaken alone or at the behest of state actors, as some evidence suggests, is neither here nor there: the fact remains, the MeK has NOT completely removed itself from terrorist activity.
I am not a conspiracy theorist or an ideologue, simply a professional policy analyst who is fed up with the naive rhetoric over-simplified, black and white discussion around the MeK. This is a complex and nuanced situation. Is the US treating the MeK with a double standard? Absolutely. Are there innocent civilian members of the group who have been subject to harsh conditions in the service of one or another political agenda? Yes.
However…
11:12 on 11/05/2012
Yesterday, American Military officers who have been in charge of security at Ashraf at different times issued a joint statement. In the joint statement, Brig. Gen. David Phillips (ret.), 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 until 2006; and Col. Wesley Martin (ret.), senior antiterrorism/force protection officer for all coalition forces in Iraq and the first colonel in charge of Camp Ashraf in 2006, who attended the oral hearing; as well as Lt. Col. Leo McCloskey (ret.), commander of Joint Interagency Task Force at Camp Ashraf until January 2009, described the remarks by the State Department attorney Robert Loeb as "absurd" and a "denigration of the admirable work of thousands of American service-people who protected Camp Ashraf and verified its inhabitants were unarmed."
11:05 on 11/05/2012
It is unbelievable that the Obama administration and Mrs Clinton are resorting to lies that discredit the whole system of American administration and military to save their own a...This is incredible that the guy claims in court what for over 8 years was never even mentioned in any statement or official or unofficial declaration about the status of PMOI.

Thanks Lord Maginnis for bringing up such a disgraceful act to the forefront.
11:01 on 11/05/2012
Well done, Lord Maginnes. A timely and telling article on the subject of delisting MEK in US