Human Rights Lawyers Under Attack in Iran and the U.S.

by Jason Dzubow

“The first thing we do, let’s kill all the lawyers.” So says Shakespeare’s Dick the Butcher in Henry VI Part 2. Dick is advising a pretender to the throne about how to seize power. The idea is, if we get the lawyers out of the way, the lawless can prevail. Four hundred years later, it’s still good advice: If you want to violate the law, you have to somehow neutralize those who are sworn to uphold it. In recent weeks, we have seen two different governments–Iran and the United States–take steps to intimidate and marginalize attorneys who are perceived as obstructing their goals.

The more vicious case is taking place in Iran, where “prominent Iranian human rights lawyer and women’s rights defender Nasrin Sotoudeh [was sentenced] to 33 years in prison and 148 lashes.” This is on top of an earlier in absentia sentence of five years imprisonment. Her “crimes” include “inciting corruption and prostitution, openly committing a sinful act by… appearing in public without a hijab, and disrupting public order.” Ms. Sotoudeh has long been a peaceful advocate for women’s rights and against the death penalty, and Amnesty International writes that her punishment is the “harshest sentence” that the organization “has documented against a human rights defender in Iran in recent years, suggesting that the authorities – emboldened by pervasive impunity for human rights violations – are stepping up their repression.”

According to the Mullah Report, Nasrin Sotoudeh is guilty of obstructing injustice.

This is an important point–the actions of the Iranian government do not occur in a vacuum. They are part of a malignant pattern of torture, harassment, intimidation, and murder of peaceful political opponents. The obvious purpose of this terror campaign is to keep hold of political power and intimidate dissenters into silence. And of course, Ms. Sotoudeh is not alone. As the U.S. State Department notes, “hundreds of others” are also “currently imprisoned simply for expressing their views and desires for a better life.”

Commenting on Ms. Sotoudeh’s case last summer, the U.S. State Department said, “Ms. Sotoudeh has spent the past several years harassed by the Iranian regime and has been routinely placed behind bars for daring to defend the rights of those in Iran.” “We applaud Ms. Sotoudeh’s bravery and her fight for the long-suffering victims of the regime.” A State Department spokesperson called Ms. Sotoudeh’s more recent sentence “beyond barbaric.”

I agree. But unfortunately, it’s more difficult for us to condemn Iran and claim the moral high ground when our own country is also intimidating and mistreating human rights attorneys. The extent of our malfeasance is not equal to what we see in Iran, but it’s not what we expect from the United States either.

Earlier this month, NBC News reported that “Customs and Border Protection [or CBP] has compiled a list of 59 mostly American reporters, attorneys and activists who are to be stopped for questioning by border agents when crossing the U.S.-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them.” CBP claims that the people on the list “were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.” The ACLU calls the government’s actions an “outrageous violation of the First Amendment,” and argues that the “government cannot use the pretext of the border to target activists critical of its policies, lawyers providing legal representation, or journalists simply doing their jobs.”

According to the NBC News report, several lawyers have been targeted. They have been held for hours in secondary inspection, questioned, had their cell phones searched, and–in at least one case–been accused of “alien smuggling,” which is a serious crime. Referring to the NBC News report, one attorney said that it “appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum-seekers and who are critical of CBP practices that violate the rights of asylum seekers.”

Another lawyer described his brief detention at the border. CBP officials told him that “their job is to investigate terrorism and criminal activity on the border” and they asked him questions about the work he does, the organization he works for, and how the organization gets funded. They also asked him for his cell phone, which he handed over and unlocked. “I have nothing to hide,” the lawyer said. “I’m not a criminal. I’m not a terrorist. I’m just doing my job as an American citizen.”

The effect of these tactics is not simply to frighten and inconvenience the lawyers who are stopped at the border (and to potentially violate attorney-client privilege). Targeting lawyers (and others) in this manner also has a chilling effect on anyone who might be inclined to assist migrants and try to protect their legal rights. One lawyer, speaking on condition of anonymity, said, “I was going to go [to Mexico] this week, but I had to worry about whether I could get back in [to the United States].”

Being detained for a few hours and questioned is not the same as being sentenced to lashes and imprisoned for decades. However, the treatment of attorneys in the U.S. and Iran has something in common: It is designed to prevent people from exercising their rights as human beings by reducing their access to legal representation. Whether those people are migrants seeking asylum or women seeking equality, they are entitled to attorneys to assist them in securing their legal rights.

I agree with the U.S. State Department’s assessment of Ms. Sotoudeh’s case. She should not be punished for “daring to defend the rights of those in Iran.” But neither should U.S. attorneys be punished for daring to defend the rights of those lawfully seeking asylum in the United States. Our country should be setting an example for the world. We should not be lowering ourselves to the level of one of the worst human rights abusers on earth. 

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The Iran Deal: Thoughts by An Iranian Journalist in Exile

by Jason Dzubow

Many of my clients were activists and leaders in their home countries. For me, one of the perks of my job is to hear their perspectives on the issues of the day. In this post, my former client Ali Anisi Tehrani, who is now a political asylee from Iran, gives his opinion of the recently-signed Iran Deal:

In the summer of 1988, the Islamic Republic of Iran drank what then-Supreme Leader Ayatollah Ruhollah Khomeini referred to as a “chalice of poison” when it accepted the terms of United Nations Security Council Resolution 598, which marked the end of the Iran-Iraq War. Despite eight years of brutal fighting between the two neighbors, Khomeini vowed that an end to the war would not be possible unless Saddam Hussein was removed from power. Anyone who lived in Tehran during this time would remember this quote–the message had been plastered across Tehran’s walls–as well as the constant onslaught of Saddam’s missiles. To the Iranian people, defeat was not an option. Khomeini finally relented, but only after military commanders convinced him that victory in the next five years was impossible.

Ali Tehrani: Author, Activist, Starship Captain.
Ali Tehrani: Author, Activist, Starship Captain.

Khomeini justified signing the UN-brokered ceasefire by framing it not as a concession of defeat, but as a necessity to preserve the Islamic Republic and protect the best interests of Islam. Still, it was a stunning and humiliating failure for the regime, which had come into existence only 10 years earlier as a result of the 1979 revolution. Having spent the majority of its young life embroiled in this war, a significant portion of the Islamic Republic’s national identity had developed around the war and opposition to Saddam’s Ba’athist Iraq. Furthermore, given the active support provided to Iraq by U.S. and other Western powers, as well as the West’s long failure to condemn Iraq for its use of chemical weapons, the Islamic Republic’s anti-Western–and particularly anti-American–stance was also strengthened by its opposition to Iraq.

Clearly, the Islamic Republic’s acceptance of the ceasefire was a major blow to the regime’s identity as well as to the authority of Khomeini, its charismatic leader and founder.

The nuclear deal: Another “poisoned chalice”?

Since Iran and the P5+1 signed the Joint Comprehensive Plan of Action (“JCPOA”) on July 14, the nuclear deal has occupied much of the world’s attention. Politicians and pundits speculate and opine constantly about the deal. Is it a good deal or a bad deal? Who will truly benefit, Iran or the West? Does it represent the best possible diplomatic move or a huge political mistake? Will it help to stabilize the region or instead enable Iran’s increased meddling in other countries’ affairs? Instead of weighing in on these debates, which deal largely with the politics of current affairs, I would like to analyze the deal from a different perspective, one that takes into account the complex power dynamics within Iran’s totalitarian society and the indirect repercussions that the deal may have for Iranian civil society.

Many in Iran compare the current nuclear deal to the 1988 ceasefire, particularly with respect to the Islamic Republic’s capitulation on a number of its long-held positions. I believe that this comparison can be extended to the ways in which the state has and will maneuver to reclaim legitimacy and authority in the eyes of its citizens in the wake of its many international political compromises.

What to expect next?

Oops, here is the real Ali Tehrani: Author and Activist; not a Starship Captain (at least not yet).
Oops, here is the real Ali Tehrani: Author and Activist; not a Starship Captain (at least not yet).

In the months surrounding the signing of the ceasefire with Iraq in 1988, Iran executed thousands of prisoners, almost all of whom had no death sentence, nor even lifetime imprisonment, when they were lined up on death row at the Ayatollah’s order. Amnesty International recorded the names of over 4,482 disappeared prisoners during this time. The mass executions compelled some top-ranking clergy to protest. Even Ayatollah Montazeri, Khomeini’s designated successor, challenged the executions to the point that Montazeri was removed.

In what I would argue is no coincidence, the number of executions in Iran has skyrocketed this year. The growth in rate of executions in 2015 is comparable to the years following the 2009 Green Movement, which saw massive protests in response to the fraudulent election that returned incumbent president Mahmoud Ahmadinejad to power. The Green Movement itself, as well as the massive repression unleashed on protesters by the state, received widespread international attention, and served as a major blow to the Islamic Republic’s legitimacy both inside and outside the country.

There are many ways for a state to assert authority, including by exercising power over the very bodies of its citizens or “subjects.” In Iran, this manifests through the deployment of hijab police to enforce laws around women’s dress; through severe punishments for minor crimes; or, through publicly visible executions. In the eyes of the state, this level of control over the bodies of its citizenry is necessary to reestablish the authority and legitimacy that is lost following a compromise on something so critical to the regime’s identity.

For the Islamic Republic, the two dominant narratives underpinning the regime have been confronting the West–namely the United States–and the pursuit of nuclear activities. Iran has adhered to the latter so strongly as to unite much of the world against it. The nuclear deal represents a major blow to both of these narratives, which have long defined the Islamic Republic. The weakening of this dominant ideology fundamentally hurts the legitimacy and authority of the ruler, who must act to mitigate damage to his image. By exercising power over the bodies of its subjects, the totalitarian regime attempts to reclaim power.

It is important to note that such attempts to reclaim power are not necessarily the product of conscious decisions by individuals within the government. Rather they are part of a systemic approach that is inherent to any totalitarian rule, which oversees not only what is visible, but also the feelings and minds of its subjects.

By observing the actions taken by the regime in the wake of the nuclear deal and comparing them to those surrounding the 1988 ceasefire, it may be possible to assess the evolution of the Iranian state and whether it has become more or less totalitarian.

Ali Anisi Tehrani is an Iranian journalist based in Washington, DC. His research is mainly around the theme of civil resistance and political power dynamics. Ali left Iran after the controversial Presidential election in 2009 and studied Digital Media in Sweden and the U.S. He has been living in the United States since 2012.

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Bibi Netanyahu’s Full-Employment Plan for Asylum Attorneys

by Jason Dzubow

Perhaps you’ve heard about the plan by Israeli Prime Minister Benjamin Netanyahu to derail U.S.-Iranian negotiations over Iran’s nuclear program. Many Republican leaders have joined the effort, and 47 Senators (all Republican) led by Tom Cotton wrote an open letter to the Ayatollahs warning them against a deal. All this is in the public record.

Senator Tom Cotton: Warmonger or job creator?
Senator Tom Cotton: Warmonger or job creator?

What’s less well known is the role of a powerful lobbying group, which has pushed efforts in Congress and in the media to end negotiations before any agreement is reached. The group is known by its acronym: AIPAC. No, no, not that AIPAC. I speak of the “Asylum and Immigration Professionals Advancing Chaos” lobby, also known as “the Other AIPAC.” 

Why would asylum and immigration professionals want to advance chaos, you ask. Although I shouldn’t do it, I’ll let you in on a little secret: Chaos is good for our business. Let’s face it–the more things suck over there, the more likely people are to come here. And when they come to the United States, they need immigration and asylum lawyers to help them stay. Move over Big Tobacco and Big Oil; make room for Big Asylum!

The Other AIPAC has a record of success. Take, for example, the Second Gulf War in 2003. Before the U.S. invasion, our friend Mr. Netanyahu told Congress, “If you take out Saddam, Saddam’s regime, I guarantee you that it will have enormous positive reverberations on the region.” I’m not sure about that, but taking out Saddam’s regime has certainly had positive reverberations in the region of my wallet. Scores of Iraqi asylum-seekers have hired me since we “brought democracy” to Iraq. Thank you, Bibi and the Other AIPAC! 

What’s so wonderful about the Other AIPAC is that people seem to accept what it says despite all evidence to the contrary. For example, Mr. Netanyahu recently indicated that he would never cede territory to the Palestinians: “[T]here will be no concessions and no withdrawals,” he said. He apparently views the land as vital to Israeli security. But what say the people who are actually experts in Israeli security. In contrast to Mr. Netanyahu’s position, over 180 retired Israeli security officials–high ranking members of the military and intelligence services who have devoted their lives to protecting Israel–have strongly endorsed a negotiated settlement with the Palestinians and a two-state solution:    

We believe that it is imperative, possible, and urgent to launch an Israeli regional initiative to determine borders that ensure security for the citizens of Israel and a firm Jewish majority. Such an initiative will strengthen Israeli society from within; allow for more effective handling of security threats; create dramatic political, security and socio-economic transformation; and enhance Israel’s international standing.

So does this mean that Mr. Netanyahu’s position is actually endangering Israel? Is he substituting self-delusion for reasoned analysis? No matter, the Other AIPAC has got his back. More chaos = more business, that’s our mantra.

But, you ask, what about Iran? Mr. Netanyahu says that we know enough about the current, not-yet-negotiated deal to know that it is worse than no deal at all. It will leave Iran able to produce a nuclear weapon in a short period of time, it will lift all restrictions on Iran’s nuclear program after 10 years, it won’t stop Iran’s aggression in places like Iraq, Syria, and Yemen, or its sponsorship of terrorism. He gives us a simple alternative: Tighten the sanctions and hold out for a better deal. Sounds reasonable, no?

Well, let’s ask the experts. The same group of retired generals that oppose Mr. Netanyahu on Palestine also opposed his speech to Congress:

[T]here is not a single security expert that doesn’t understand that after this speech, Iran will not be distanced from the nuclear option it is attempting to achieve. The people of the US see the rift between the countries and the leaders, the people of Israel see it, and no less importantly, the people of Iran see it.

The international coalition of countries that has been squeezing Iran, and that forced them to negotiate, has been led by the Obama Administration. To be fair, the effort to isolate Iran began under the Bush Administration. But the sanctions have been significantly expanded under Mr. Obama.

Perhaps–as Mr. Netanyahu proposes–we could continue to tighten the screws on Iran, and our coalition partners would follow along. Or maybe, as many experts believe, increasing sanctions would cause the coalition to fall apart. Then, I suppose we could go it alone. Unilateral sanctions work so well, after all. Just ask Cuba. But again, all of this is of no consequence to the Other AIPAC. We say, “Tighten those sanctions! To hell with the coalition! Bring on the chaos!”

Ignore the experts, block all negotiation, pander to the base with angry statements about Iran, put partisanship ahead of policy. This is the Other AIPAC’s recipe for chaos. And, as we know, chaos is good for business.

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Beirut Embassy Bomber Gets US Asylum, New Book (Incorrectly) Claims

by Jason Dzubow

A new book by Pulitzer-Prize winner Kai Bird claims that the Iranian intelligence officer behind the 1983 bombing of the U.S. embassy in Beirut–and many other terrorist attacks–received asylum in the United States. Among those killed in the 1983 attack were the CIA’s top Middle East analyst, a “good spy” named Robert Ames, who purportedly cultivated friendly relations with Arab leaders. Mr. Bird speculates that had Robert Ames lived, the U.S. would have had a different, better relationship with the Arab World.

Use of correct terminology is always appreciated.
Use of correct terminology is always appreciated.

According to The Good Spy: The Life and Death of Robert Ames, the CIA and President Bush brought Ali Reza Asgari, the terrorist responsible for the 1983 attack, to the United States in 2007. He came here in exchange for information about Iran, Hezbollah, and other U.S. rivals in the Middle East. This intelligence supposedly led to the assassination of Hezbollah’s number two man and the bombing of a secret Syrian nuclear facility, among other things. 

Like many people who review books, I have not actually read The Good Spy (though it certainly sounds delightful). In my defense, I don’t really plan to review the book. I just want to talk about one word used by Mr. Bird: Asylum. Mr. Bird writes (and here I quote the book):

The decision to give Asgari political asylum under the CIA’s Public Law 110 program was probably opposed by veteran CIA officers who have some knowledge of Asgari’s alleged responsibility for Roberts Ames’s murder…. But they and the agency were reportedly overruled by the George W. Bush administration’s National Security Council.

The emphasis is mine. If Mr. Asgari did, in fact, come to the U.S. under the Public Law 110 program, he did not receive political asylum. Aliens in the United States who fear persecution in their home countries can apply for asylum under INA § 208 (also known as 8 U.S.C. § 1158). Public Law 110, on the other hand, appears at 50 U.S.C. § 403h:

Whenever the Director [of the CIA], the Attorney General, and the Commissioner of Immigration and Naturalization shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility.

In other words, if certain high-ranking leaders in the U.S. determine that a terrorist should be allowed to live in the U.S., the terrorist will be allowed to live in the U.S. But this is usually a quid pro quo and has nothing to do with asylum or the asylum system. Indeed, given his terrorist activities, Mr. Asgari would not be eligible for asylum, as he would be subject to numerous bars under INA § 208(b)(2).

Maybe this is a small point, but I think it is important. Mr. Bird’s book is attracting widespread attention–everyone from Newsweek to Glen Beck’s blog, the Blaze is carrying the story–and it is unfortunate that these outlets are repeating Mr. Bird’s error. The asylum system is already under assault by those who claim it is an entryway for terrorists and criminals, and so Mr. Bird’s incorrect use of the term has unfairly impugned a system that protects thousands of legitimate refugees and that has been specifically designed to block people like Mr. Asgari.

While colloquially, we might label anyone who fears harm and who is admitted into the United States as having received “asylum,” this is simply incorrect, and it damages the asylum system to taint it with association to the likes of Mr. Asgari. I am not saying that Mr. Asgari should not have been brought to the United States. Perhaps the intelligence he provided was worth allowing a mass murderer to resettle in our country. But he came to the United States because our elected officials determined that bringing him here was the best course of action for our country, not because he qualified or was eligible for asylum.

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UFO Cult Leader from Iran Granted Asylum in the U.S.

by Jason Dzubow

According to Raelia News, Negar Azizmoradi, a leader of the Iranian branch of the International Raelian Movement has been granted asylum in the United States.  Ms. Azizmoradi faced a possible death sentence in Iran because of her leadership role in the Raelian movement and because she is an atheist who renounced Islam (apostasy is punishable by death in Iran).  She fled to Turkey, where the government jailed her and threatened to return her to Iran.  After Raelians and others from different countries protested, the Turkish government released her and allowed her to come to the United States.  Last week, she received asylum (given the timing of events, it might be that she came here as a refugee, rather than claiming asylum after she arrived).

For those of you not familiar with Rael (a/k/a Claude Vorilhon) and his followers (called Raelians), here’s a bit of background.  Mr. Vorilhon was born in France.  He has been a race car driver, a singer, and a journalist.  In 1973, he encountered extraterrestrials, who gave him a message to pass on to other humans.  The message involved the secret history of the world and the return of the extraterrestrials.  Since then, Rael (as he is now known), has been spreading his news around the globe.  It’s not surprising that some countries, including Iran, have been less than receptive to his message.

For me as an attorney, Ms. Azizmoradi’s asylum application would have been a dream case.  Not that I’m a great fan of Rael, who supported Muammar Gaddafi and seems to have no love for the Jews.  However, I am a big fan of UFOs, lost civilization, and all things Fortean, and a Raelian asylum case certainly fits that bill. And asylum seems necessary here, where Ms. Azizmoradi faced persecution (or worse) in Iran.

Barney Hill: Immigrant and Abductee.

While we are on the subject of UFOs and immigrants, here’s an interesting tidbit.  The most famous UFO abduction case involved a couple, Betty and Barney Hill.  In September 1961, the Hills were driving through New Hampshire when they spotted a flying saucer (as UFOs were called back then).  They could see humanoids observing them from inside the saucer.  After their encounter, they realized that they “lost” three hours of their lives.  The case was investigated by the U.S. military and others, and has been the subject of several books and TV movies.  It also marked the beginning of an abduction craze, and many people claimed experiences similar to the Hill’s.

While people familiar with Hill’s case know that the couple was of mixed race (which was very unusual for 1961 America), what is not widely known is that Barney Hill was either an immigrant from Ethiopia or a descendent of Ethiopian immigrants.  I have never been able to find much information about this aspect of the case, but it strikes me as quite interesting.  When and why did he come here?  What was his birth name (I’ve met a lot of Ethiopians, but never any named Barney or Hill)?  How did he meet his wife?  Much has been made of Barney’s race in analyzing the case, including a recent scholarly article, but I have never seen anything specifically addressing his status as an immigrant.  I suppose there are many questions, but no answers.  So, as the ufologists say: Keep watching the skies!

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