| In PLO
Lawsuit, UN Mansour Depo Sealed, AG
Garland's Told PSJVTA Unconstitutional
By Matthew
Russell Lee, Patreon Podcast
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 25– Amid a week and
counting of rockets and
airstrikes between Israel and
Hamas, on May 19, 2021 U.S.
District Court for the
Southern District of New York
Judge George B. Daniels held
an oral argument in a 2004
case against the Palestine
Liberation Organization.
(The case seeks
damages for a "series of
terrorist attacks from 2001 to
2002 in or near Jerusalem).
Inner City Press,
as with the UNSC,
live tweeted it here
(and below, and, afterward,
podcast here)
Now on
August 25, the PLO has told
Attorney General Merrick
Garland that they have
challenged the
constitutionality of the
Promoting Security and Justice
for Victims of Terrorism Act
of 2019 (PSJVTA), arguing that
it cannot be applied to
establish personal
jurisdiction over them without
violation the Fifth Amendment.
We'll see.
On August 13,
plaintiffs' counsel filed a
heavily redacted letter, which
cites to their deposition of
Riyad Mansour - but the
transcript of his deposition
is filed "Under Seal."
On August 16
opposition was been filed,
seeking unsealing of
depositions not only by
Mansour, but also Nadia
Ghannam and Feda
Abdelhady-Nasser. FARA is
cited.
On August 17 the
PLO purported to reply - but
has put the entirety of its
submission under seal.
On August 20, the
PLO moved to dismiss, stating
"Palestine's UN Mission itself
is not 'in the United States'
under the PSJVTA which exempts
"any office used exclusively
for official UN activities."
What about UNSG Guterres?
We'll have more on this.
From May 19,
2021: Judge Daniels: "They are
disputing if the requirements
of the statute have been met -
what UN activities are going
on."
Plaintiffs'
lawyer says, "It's not a heavy
lift to say, Don't pay people
who kill civilians." He cites
ATCA, and the Palestinian
Authority disputing it, not
taking funds that triggered
it, but says paying jailed
"terrorists" triggers this
statute.
Plaintiffs'
lawyer: The Palestinian
Authority stamping documents
in the US has nothing to do
with the UN, or making a
speech at the UN - it's
consular activity.
Judge Daniels: I
think the statute concentrates
on places and people, not
activities..
Plaintiffs'
lawyer: then Congress changed
it in 2019. Look at
2334(e)(1)(b)... Continues to
maintain consular locations.
Romanette 3, any activity....
Plaintiffs'
lawyer: The Trump
administration closed the PA
office. But they continued
their activities, like
notarizing.
Judge Daniels:
Unrelated to UN business?
Plaintiffs'
lawyer: Yes. There's also
press appearances.
Plaintiffs'
lawyer: There's no dispute
Riyad Mansour spoke at Seton
Hall. [Note: yesterday Inner
City Press covered
Mansour's press conference in
UN, replete with softball
questions from those allowed
in: 48 hours after UNSC failed
meeting, Palestine PR Mansour
in UN briefing room Inner City
Press is banned from says,
"The UN is the house of the
poor." Hardly. "Mansour
consulted for companies
affiliated with Jesse
Maali, linked to a
tax-evasion and fraud case."
Judge Daniels: So
what about Fidel Castro coming
to the UN in NY then going to
a church to give a speech -
would that be non-UN business?
Plaintiffs'
lawyer: It's definitely not
official business of the UN.
Judge
Daniels: If they invited some
UN officials to lunch, would
that be UN business?
Plaintiffs'
lawyer: They sent letters "to
the UN General Secretary every
month complaining... then they
re-transmit it on Twitter. We
say those are two different
acts. The second is for
publicity." He cites,
apparently without irony, a
tweet about "surfing in Gaza."
Now PLO's
corporate lawyer says that the
tweet about surfing in Gaza is
UN business - on
International Day of Sport.
Seeking immunity through the
UN
Upshot: PLO/PA's
lawyer is saying there is no
jurisdiction, no
accountability, citing the UN
Headquarters Agreement
Plaintiffs'
lawyer responds that SDNY
Judge Stanton held that
pamphlets do not fall into the
UN HQ immunity loophole.
Judge
Daniels says he doesn't need
supplemental briefs before
ruling, perhaps a letter of
less than five pages.
The case
is Sokolow et al v. Palestine
Liberation Organization et
al., 04-cv-397 (Daniels)
***
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