brief - Iran 911 Case

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APPENDICESPLAINTIFFS’ FIRST MEMORANDUM OF LAW IN SUPPORT OF MOTIONFOR ENTRY OF JUDGMENT BY DEFAULT AGAINST SOVEREIGN DEFENDANTSits recruitment, training, and financing of Hezbollah, the terrorist group the court found tobe responsible for the hijacking.Elahi v. Islamic Republic of Iran, 124 F.Supp.2d 97 (D.D.C. 2000). $11.7 million incompensatory damages and $300 million in punitive damages awarded to theadministrator of the estate of an Iranian dissident and naturalized U.S. citizen killed bygunshot in Paris by the Iranian Ministry of Information and Security (MOIS).Mousa v. Islamic Republic of Iran, 238 F.Supp.2d 1 (D.D.C. 2001). $12 million incompensatory damages and $120 million in punitive damages awarded to woman whosuffered severe and long-lasting injuries from a suicide bombing of a bus in Jerusalemcarried out at the instigation of HAMAS, an entity the court found to be supported by Iran.Weinstein v. Islamic Republic of Iran, 184 F.Supp.2d 13 (D.D.C. 2002). $33 million incompensatory damages and $150 million in punitive damages awarded to the family andestate of a person who was severely injured in a bus bombing in Jerusalem carried out byHAMAS, which the court found to be funded by Iran, and who subsequently died fromthose injuries.Cronin v. Islamic Republic of Iran, 238 F.Supp.2d 222 (D.D.C. 2002). $1.2 million incompensatory damages and $300 million in punitive damages awarded to an individualwho, while he was a graduate student in Lebanon in 1984, was kidnapped and torturedfor four days by Hezbollah and two other paramilitary groups which the court found tohave been organized, funded, trained, and controlled by Iran.Surette v. Islamic Republic of Iran, 231 F.Supp.2d 260 (D.D.C. 2002). $18.96 million incompensatory damages and $300 million in punitive damages awarded to the widow andsister of CIA agent William Buckley who was kidnapped in Beirut and tortured for 14months by the Islamic Jihad Organization, an entity the court found to be organized andfunded by Iran, and who ultimately died while in captivity.Source: Ex. 36, CONGRESSIONAL RESEARCH SERVICE REPORT, ―Suits Against Terrorist States byVictims of Terrorism,‖ August 8, 2008.ii
APPENDICESPLAINTIFFS’ FIRST MEMORANDUM OF LAW IN SUPPORT OF MOTIONFOR ENTRY OF JUDGMENT BY DEFAULT AGAINST SOVEREIGN DEFENDANTSAPPENDIX B28 U.S.C. §1605A provides in pertinent part:(a) In general.—(1) No immunity.--A foreign state shall not be immune from thejurisdiction of courts of the United States or of the States in any case nototherwise covered by this chapter in which money damages are soughtagainst a foreign state for personal injury or death that was caused by anact of torture, extrajudicial killing, aircraft sabotage, hostage taking, or theprovision of material support or resources for such an act if such act orprovision of material support or resources is engaged in by an official,employee, or agent of such foreign state while acting within the scope ofhis or her office, employment, or agency.(2) Claim heard.--The court shall hear a claim under this section if –(A)(i)(I) the foreign state was designated as a state sponsor of terrorism atthe time the act described in paragraph (1) occurred, or was so designatedas a result of such act, and, subject to subclause (II), either remains sodesignated when the claim is filed under this section or was so designatedwithin the 6-month period before the claim is filed under this section; or(II) in the case of an action that is refiled under this section by reason ofsection 1083(c)(2)(A) of the National Defense Authorization Act forFiscal Year 2008 or is filed under this section by reason of section1083(c)(3) of that Act, the foreign state was designated as a state sponsorof terrorism when the original action or the related action under section1605(a)(7) (as in effect before the enactment of this section) . . . ;(ii) the claimant or the victim was, at the time the act described inparagraph (1) occurred (I) a national of the United States; (II) a member ofthe armed forces; or (III) otherwise an employee of the Government of theUnited States, or of an individual performing a contract awarded by theUnited States Government, acting within the scope of the employee'semployment;* * *(c) Private right of action.--A foreign state that is or was a state sponsorof terrorism as described in subsection(a)(2)(A)(i), and any official,iii
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FOREIGN STATE DEFENDANTS: ::THE ISL
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D. CLAIMS ON BEHALF OF NON-U.S. NAT
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In order to revise its pleading to
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cooperated and coordinated with, an
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Indeed, the 9/11 REPORT notes a num
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senior Hezbollah operative. Also in
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Timmerman 2nd Affid. 124. 14Althoug
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facilitating the travel of the 9/11
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officials provided direct and mater
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after September 11, 2001, in the fo
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instrument of foreign and domestic
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Perhaps the leading expert on Iran
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INTERPOL, Edgar A. Adamson attests,
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2. THE ROBERT BAER PUBLICATIONSForm
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Iran provided material and direct s
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Iran‘s anticipation of a retaliat
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every year since 1984. Ex. 3, Byman
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Testimony of Witness X, February 23
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unning through the contemporary Mid
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We Know, p. 127; Ex. 6, Lopez-Tefft
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Department reports on global terror
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terrorist recruits from a variety o
Page 55 and 56: and al Qaeda, of the ―most formid
Page 57 and 58: predictable occurrence.‖ Ex. 6, L
Page 59 and 60: The factual reality - as found by t
Page 61 and 62: Zawahiri met with Imad Mughniyah, w
Page 63 and 64: The historic 1993 meeting in Kharto
Page 65 and 66: continuing terrorist training of al
Page 67 and 68: the issuance of INTERPOL Red Notice
Page 69 and 70: investigators concluded the operati
Page 71 and 72: symbols. Ex. 6, Lopez-Tefft Affid.
Page 73 and 74: worldwide terrorism is ―a report
Page 75 and 76: AND TERRORIST TRAVEL, pp. 65-66. Mo
Page 77 and 78: see Ex. 2, Timmerman 2nd Affid. 148
Page 79 and 80: that the ―senior Hezbollah operat
Page 81 and 82: actual foreknowledge of the plannin
Page 83 and 84: Thus, Iran‘s facilitation of the
Page 85 and 86: the present day. Testifying before
Page 87 and 88: January 16, 2009; Ex. 2, Timmerman
Page 89 and 90: The January 16, 2009, Treasury desi
Page 91 and 92: Indeed, Iran permitted al Qaeda to
Page 93 and 94: The fact is that many important ―
Page 95 and 96: little other than KSM‘s own self-
Page 97 and 98: terrorism operations against the U.
Page 99 and 100: of Mughniyah‘s offices in Beirut.
Page 101 and 102: provided material support to al Qae
Page 103 and 104: Walter S. Batty, Jr. (PA Bar No. 02
Page 105: APPENDICESPLAINTIFFS’ FIRST MEMOR
Page 109 and 110: APPENDICESPLAINTIFFS’ FIRST MEMOR
Page 127: APPENDICESPLAINTIFFS’ FIRST MEMOR
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