The US Department of Justice has filed a brief in opposition to the Petition of the Peoples' Mujahedin of Iran, (a/k/a MEK) to seek a Writ of Mandamus, ordering the Secretary of State to decide on the revocation of the Foreign Terrorist Organisation designation that has existed against the MEK since 1997, or alternatively, to order the Secretary to revoke the FTO sanctions.
The DOJ argued stated that the writ should be denied because such a decision involves:
(1) Statutorily required consultation between the Secretary and the Attorney General.
(2) A close analysis of highly classified information.
(3) Expert judgment concerning the continuing capabilities and intentions of a currently designated foreign terrorist organisation.
(4) Extremely sensitive national security judgments.
(5) Difficult decisions concerning the best way to avoid possibly serious human rights designations.
The memorandum noted:
(A) The Circuit Court had previously upheld the FTO designation by the Department of State.
(B) State had earlier denied MEK requests, finding that there was not a sufficient change in the relevant circumstances to revoke the terrorist designation.
(C) State is in the midst of the lengthy process of reviewing fresh, classified relevant information.
(D) A Writ of Mandamus does not properly lie in this case, and is inappropriate. It was filed because, in the opinion of the MEK, the Secretary's review, an ongoing agency process, is taking too long to complete. Equitable relief does not lie, even where an agency has exceeded a statutory deadline for review.
(E) The pending relocation of MEK members within Iraq is an additional key factor regarding any decision regarding the FTO status.
(F) Classified information about the MEK needs to be declassified, so that the oprganisation can respond to it.
When the MEK, and those Americans who have previously acted as Amicus Curiae (Friends of the Court), respond, we shall update our readers on this case.
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*In re: People's Mojahedin Organization of Iran, case No.: 12-1118 (DC CIR).
The DOJ argued stated that the writ should be denied because such a decision involves:
(1) Statutorily required consultation between the Secretary and the Attorney General.
(2) A close analysis of highly classified information.
(3) Expert judgment concerning the continuing capabilities and intentions of a currently designated foreign terrorist organisation.
(4) Extremely sensitive national security judgments.
(5) Difficult decisions concerning the best way to avoid possibly serious human rights designations.
The memorandum noted:
(A) The Circuit Court had previously upheld the FTO designation by the Department of State.
(B) State had earlier denied MEK requests, finding that there was not a sufficient change in the relevant circumstances to revoke the terrorist designation.
(C) State is in the midst of the lengthy process of reviewing fresh, classified relevant information.
(D) A Writ of Mandamus does not properly lie in this case, and is inappropriate. It was filed because, in the opinion of the MEK, the Secretary's review, an ongoing agency process, is taking too long to complete. Equitable relief does not lie, even where an agency has exceeded a statutory deadline for review.
(E) The pending relocation of MEK members within Iraq is an additional key factor regarding any decision regarding the FTO status.
(F) Classified information about the MEK needs to be declassified, so that the oprganisation can respond to it.
When the MEK, and those Americans who have previously acted as Amicus Curiae (Friends of the Court), respond, we shall update our readers on this case.
_____________________________________________________________________
*In re: People's Mojahedin Organization of Iran, case No.: 12-1118 (DC CIR).
THE MEK SHOULD BE OFF THE LIST BECAUSE THEY ARE NOT TERRORIST. THIS IS THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH..
ReplyDeleteTHIS IS WHAT THE COURT IN UK & EU AND ALSO USA HAVE DECIDED
SO TAKE THEM OUT OFF THE LIST AND LET THEM CONCENTRATE ON THEIR MAIN ENEMY, THE CURRENT REGIME IN IRAN INSTEAD OF RUNNING AROUND IN US COURTS TO GET THEIR RIGHTS.