People\'s Mojahedin v. U.S. People\'s

People's Mojahedin v. U.S.

People's Mojahedin Organization of Iran v. U.S.

According to the "Antiterrorism and Effective Death Penalty Act of 1996, the Secretary of State of the United States has the authority "to designate 'foreign terrorist organizations." ("People's Mojahedin v. U.S.") After much consideration, on October 8, 1997, then Secretary of State, Madeline Albright designated both the People's Mojahedin Organization of Iran (MEK), as well as the Liberation Tigers of Tamil Eelam (LTTE), as foreign terrorist organizations. As a result of being placed on the U.S. Government's official list of terrorist organizations, both groups brought suit in federal court in order to have the designation reversed.

"On the basis of an 'administrative record,' the Secretary of State is to make 'findings' that an entity is a foreign organization engaging in terrorist activities that threaten the national security of the United States." ("People's Mojahedin v. U.S.,") When such a designation is made, any bank accounts of that particular organization are immediately frozen, and anyone who knowingly contributes to the organization is liable to be prosecuted. However, the "administrative record" that the Secretary of State uses to make the determination that an organization is indeed a terrorist group can be anything from third hand accounts, news items, anything from the internet or any hearsay about what the groups is supposed to have done. And any information that the U.S. Government has declared classified will remain classified and not be reported to the public. Therefore, any gossip, stories written by enemies, or "secret information" can be used by the Secretary of State in their determination. This allows for a great deal of latitude on the part of an individual Secretary of State when making a determination.

However, in this particular case, the Secretary of State revealed much information about the People's Mojahedin Organization of Iran. According to the CIA, the People's Mojahedin, "is the largest and most active Iranian dissident group. Its primary goal is the overthrow of the Iranian Government…The MEK's history, marked by violence and terrorism, belies it claim to uphold democratic ideals. ("People's Mojahedin v. U.S.") However, according to the People's Mojahedin Organization of Iran, they are not terrorists, were never allied with the mullahs, they have a much different philosophy than the religious fundamentalists, and "their Islamic beliefs, based on democracy, the popular will, tolerance and moderation, have been effective in combating the fundamentalist thinking in Iran." ("People's Mojahedin Homepage") But the U.S. countered that from 1972-1975, the MEK, engaged in a campaign of bombing which damaged targets such as Shell Oil Company, Pan Am Airlines, and other organizations. The MEK also formed the National Liberation Army of Iran in 1987, and fought alongside the Iraqis. In 1994, several news organizations reported that the MEK was responsible for a number of attacks against oil pipelines inside of Iran, and they were thought to have been responsible for another 25 attacks against other targets.