Madam Speaker, I rise today to insert into the Record excerpts of remarks made at a symposium sponsored by Executive Action, LLC: ``Countering Iran's Nuclear & Terrorist Threats, The Opposition's Role: What Are the U.S. Policy Options?''…
Madam Speaker, I rise today to insert into the Record excerpts of remarks made at a symposium sponsored by Executive Action, LLC: ``Countering Iran's Nuclear & Terrorist Threats, The Opposition's Role: What Are the U.S. Policy Options?'' held at the Willard Intercontinental Hotel in Washington, DC on Friday, December 17, 2010.
Michael Mukasey, former Attorney General of the United States
This is one of those moments in history when we know that
future generations are going to ask what we did to advance
good and what we did to resist evil . . . .
I'm a lawyer, and lawyers make their cases with facts and
law and policy. So let's look at some facts, and some law,
and some policy, and see whether the case is there. The
history of the relationship between the United States and the
Iranian regime since the 1979 revolution can be summed up as
a series of attempts by the United States to, as the
diplomats say, engage the Iranian regime, each attempt less
successful than the one that preceded it. I'm not going to go
through that entire history, but an important part of it
begins in the 1990s, during the Clinton administration, when
the People's Mojahedin Organization of Iran, also known as
the MEK, was designated by the Secretary of State under U.S.
law as a foreign terrorist organization and that designation
regrettably continues to this day . . . .
The MEK is the only organization of Iranians, both inside
Iran and outside Iran that opposes the current regime that
favors a government in Iran that is democratic, secular, non-
nuclear, and a republic. Again, this is not one of the few
organizations that fit that description; it is the only one .
. . .
If in fact MEK has renounced violence, as it has; if in
fact it presents no threat to any U.S. personnel or interest,
in fact it presents no such threat; and if in fact it has
been of affirmative assistance to the United States, as it
has; and is not regarded as a terrorist organization in the
United Kingdom or the European Union, then why was it placed
on that list and why does it continue to remain on the list
of such organizations that is kept by the Secretary of State?
Well, I think, it's pretty openly acknowledged that the
reason MEK was placed on that list during the Clinton
administration was to curry favor with Iran, and to use the
designation as a way of entering into dialogue with the
Iranian regime. And I am sorry to say that even during the
administration that I served in, it is reported that MEK
continued to remain on the list for the same misguided reason
. . . .
The Iranian regime is now in the enviable position of
having the United States designate as a terrorist
organization a group of Iranians who are a threat to that
regime, and of limiting that group's activities. In other
words, the Iranians now have the great Satan working for them
. . . .
The continued designation of MEK as a terrorist
organization gives great comfort and legitimacy to the
Iranian regime, by putting on the sidelines an organization
that is potentially a grave threat to the regime. What's to
be done? Well as I'm sure many of you know there is an
ongoing case in which MEK has challenged the designation. In
July, the U.S. Court of Appeals for the District of Columbia
circuit issued an opinion essentially sending the matter back
to the State Department and to the Secretary of State and
asking her to re-evaluate whether MEK should be on that list.
But the court did something more than that. It expressed a
good deal of skepticism at least about the non-classified
information that was put before the court and shared with
MEK, and which MEK could therefore rebut. Without getting
into a whole lot of detail, the Secretary of State may choose
to base her determination entirely on classified information
if she wants, and then nobody knows why she made the
decision, but she didn't do that in this case. She said she
based her decision on both the classified information and the
non-classified information and the court discussed in some
detail some of the non-classified information, and it showed
that a lot of it consisted of unsubstantiated, anonymous
rumor, whose reliability was unknown and could not be tested.
And all we can say is that if the classified part of the
record, which MEK has not been allowed to see and to which it
cannot therefore respond to directly, consists of the same
kind of information as the non-classified part, then the
Secretary of State's decision would be based on absolutely
nothing substantial. Time will tell. But this is about more
than a case in the District of Columbia and more than MEK.
This is about the posture of the United States toward the
Iranian regime . . . .
When succeeding generations consider the question I
presented at the beginning of these remarks, of what we did
to advance what is good and to resist what is evil, they will
find an answer that we and they can live with.