People\'s Moujahedin Organization of Iran

People's Moujahedin Organization of Iran v. United States Department of State (182 F.3d 17) (D.C. Cir. 1999).

Summary of case

The then Secretary of State, Madeline Albright categorized the People's Mojahedin Organization of Iran and the Liberation Tigers of Tamil "foreign terrorist organizations' with all the implications of American law consequent upon such designation. Both groups petitioned review of the designations.

The complaint that the groups had was that the Secretary made this allegation without any adversary hearing, or presentation of evidence to courts, or advance notice to either of the two groups and this is despite the result that both groups will experience penalty as a result of their designation whish extends to seizure of bank accounts and criminal prosecution of potential donors. More so, classified information on which the Secretary made her decision remains secret. The groups, therefore, insisted that her judgment may be biased and distorted and that, therefore, review of her judgment should be made.

Material that Albright collected was presented in court, but the court had no way of evaluating the evidence, more so this case was also unique in that the Secretary could accept accounts even were they based on third-hand corroboration.

Non-corroborated accounts that were quoted by the court indicated that both groups had longstanding connections and were intimately involved in terrorist activities. Neither account could be proved.

Section 1189(a) of 1996 authorized the Secretary of State to designate an organization as terrorist on the basis of three conditions: (a) the organization is a foreign one; (b) the organization engages in terrorist activity; (c) the terrorist activity of the organization threatens the U.S. In one or various ways.

Terrorist activity is further defined in terms that include: assassination; a violent attack upon an internationally protected person; the use of tools that include explosives or other dangerous weapons; a threat, or attempt to harm in any way; and hijacking or sabotage of any conveyance.

That same statute requires the Secretary of State to notify certain members of her Senate before making the designation, but she need not notify the groups in question. If complaint were to ensue, the designated groups can file a petition within 30 days, but the court can review only the administrative record that the Secretary has assembled, although the Government may also submit classified information that was used to make the judgment.