brief - Iran 911 Case
brief - Iran 911 Case brief - Iran 911 Case
investigation.V. IRAN IS THE WORLD’S PREEMINENT STATE SPONSOR OF TERRORISMThe Islamic Republic of Iran ―stands at the center of the rise of modern terrorism‖as the world‘s preeminent state sponsor of terrorism. Ex. 7, Bergman Affid. 16; see alsoEx. 6, Lopez-Tefft Affid. 22; Ex. 3, Byman Affid. 15. Iran‘s thirty-year record ofengaging in and supporting terrorism began immediately after the Islamic Revolutionbrought Ayatollah Khomeini to power in 1979. See Ex. 6, Lopez-Tefft Affid. 60-61.Indeed, from its inception, the Islamic Republic of Iran has always considered terrorism alegitimate tool of foreign policy. Ex. 3, Byman Affid. 19-22, 25; Ex. 8, Clawson Affid.Conclusion, p. 35; Ex. 6, Lopez-Tefft Affid. 62-63, 67-95; Ex. 13, State DepartmentCountry Reports on Terrorism, Patterns of Global Terrorism [excerpts regarding Iran];Ex. 2, Timmerman 2nd Affid. 2; see also Ex. 11, Banisadr testimony, p. 16. (SeeAppendix E regarding Iran‘s early terrorist connections.)In a very real sense, Iran has waged an undeclared war against both the UnitedStates and Israel for thirty years. Baer, The Devil We Know, pp. 1-2, 56, 249, and SeeNo Evil, p. 264; Ex. 7, Bergman Affid. 24; Ex. 6, Lopez-Tefft Affid. 60. Iran wagesthis undeclared war through asymmetrical strategies and terrorism, often through proxiessuch as Hizballah, HAMAS, al Qaeda, and others. Baer, The Devil We Know, pp. 1-5, 19,21-22, 63, 78, 91, 96-111, and See No Evil, p. 264; Ex. 7, Bergman Affid. 19-21. 21The U.S. State Department has designated Iran as a foreign state sponsor of terror21 The U.S. federal courts ―have chronicled the senseless violence and carnage that have dotted the lastthree decades of hostile relations between the Islamic Republic of Iran and the United States. Theseterrorism cases are the tragic stories of the many victims – like the more than one thousand victimsrepresented here today – who have suffered dearly as a result of a campaign of terror that has includedhostage takings, torture, suicide bombings, and assassinations.‖ In Re: Islamic Republic of IranTerrorism Litigation, 659 F.Supp.2d at 188 (Lamberth, Ch.J.).37
every year since 1984. Ex. 3, Byman Affid. 15; Ex. 8, Clawson Affid. 40; see Estate ofHeiser v. Islamic Republic of Iran, 466 F.Supp.2d 229 (D.D.C. 2006). Since 1980, eachof the State Department‘s annual reports on terrorism 22 describes the Iranian state‘sconsistent involvement in acts of terror. Ex. 13, State Department Country Reports onTerrorism, Patterns of Global Terrorism [excerpts regarding Iran] 1980-2009; AppendixF [selected excerpts]; Ex. 6, Lopez-Tefft Affid. 66-95. The State Department‘s 1992report puts the overall conclusion most plainly:The Iranian regime has practiced state terrorism since it took power in1979; it is currently the deadliest state sponsor and has achieved aworldwide reach. . . . Tehran‘s leaders view terrorism as a valid tool toaccomplish the regime‘s political objectives, and acts of terrorism areapproved at the highest level of government in Iran. . . . Iran is also theworld‘s principal sponsor of extremist Islamic and Palestinian groups,providing them with funds, weapons, and training. . . . Khartoum [Sudan]has become a key venue for Iranian contact with Palestinian and NorthAfrican extremists of the Sunni branch of Islam.See Ex. 13; Ex. 6, Lopez-Tefft Affid. 79.In its 1987 report, the U.S. State Department observed that a frequent proxy forimplementing Iran‘s terrorist policy option is Iran‘s creation, Hizballah (see alsoAppendix G):[Hizballah is] known or suspected to have been involved in numerousanti-US terrorist attacks, including the suicidal car bombing in Beirut inOctober 1983 and the US Embassy annex in September 1984. The groupis responsible for the kidnapping and continuing detention of most, if not22 These State Department reports, thoroughly prepared and with each word being carefully weighed, arehighly respected by researchers on terrorism. Ex. 8, Clawson Affid. 40. It is well-settled that theState Department‘s Country Reports constitute admissible evidence under Rule 803(8)(c) of theFederal Rules of Evidence, and may be relied on ―not merely . . . [for] factual determinations in thenarrow sense, but also . . . conclusions and opinions that are based upon a factual investigation.‖Bridgeway Corp. v. Citibank, 201 F.3d 134, 143-144 (2nd Cir. 2000)(upholding district court‘s heavyreliance on State Department country report on Liberia for ―facts concerning Liberia‘s civil war‖ and―its effect on the judicial system there.‖); Flatow v. Iran, 999 F.Supp. 1, 8-10, 14, 17 (D.D.C.1998)(relying in part on State Department report concluding that Iran generally provided materialsupport to Islamic Jihad to hold Iran liable for the death of an American citizen killed by members ofIslamic Jihad).38
- Page 2: FOREIGN STATE DEFENDANTS: ::THE ISL
- Page 12 and 13: D. CLAIMS ON BEHALF OF NON-U.S. NAT
- Page 15 and 16: In order to revise its pleading to
- Page 17 and 18: cooperated and coordinated with, an
- Page 19 and 20: Indeed, the 9/11 REPORT notes a num
- Page 21 and 22: senior Hezbollah operative. Also in
- Page 23 and 24: Timmerman 2nd Affid. 124. 14Althoug
- Page 25 and 26: facilitating the travel of the 9/11
- Page 27 and 28: officials provided direct and mater
- Page 29 and 30: after September 11, 2001, in the fo
- Page 31 and 32: instrument of foreign and domestic
- Page 33 and 34: Perhaps the leading expert on Iran
- Page 35 and 36: INTERPOL, Edgar A. Adamson attests,
- Page 37 and 38: 2. THE ROBERT BAER PUBLICATIONSForm
- Page 39 and 40: Iran provided material and direct s
- Page 41: Iran‘s anticipation of a retaliat
- Page 45 and 46: Testimony of Witness X, February 23
- Page 47 and 48: unning through the contemporary Mid
- Page 49 and 50: We Know, p. 127; Ex. 6, Lopez-Tefft
- Page 51 and 52: Department reports on global terror
- Page 53 and 54: 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
investigation.V. IRAN IS THE WORLD’S PREEMINENT STATE SPONSOR OF TERRORISMThe Islamic Republic of <strong>Iran</strong> ―stands at the center of the rise of modern terrorism‖as the world‘s preeminent state sponsor of terrorism. Ex. 7, Bergman Affid. 16; see alsoEx. 6, Lopez-Tefft Affid. 22; Ex. 3, Byman Affid. 15. <strong>Iran</strong>‘s thirty-year record ofengaging in and supporting terrorism began immediately after the Islamic Revolutionbrought Ayatollah Khomeini to power in 1979. See Ex. 6, Lopez-Tefft Affid. 60-61.Indeed, from its inception, the Islamic Republic of <strong>Iran</strong> has always considered terrorism alegitimate tool of foreign policy. Ex. 3, Byman Affid. 19-22, 25; Ex. 8, Clawson Affid.Conclusion, p. 35; Ex. 6, Lopez-Tefft Affid. 62-63, 67-95; Ex. 13, State DepartmentCountry Reports on Terrorism, Patterns of Global Terrorism [excerpts regarding <strong>Iran</strong>];Ex. 2, Timmerman 2nd Affid. 2; see also Ex. 11, Banisadr testimony, p. 16. (SeeAppendix E regarding <strong>Iran</strong>‘s early terrorist connections.)In a very real sense, <strong>Iran</strong> has waged an undeclared war against both the UnitedStates and Israel for thirty years. Baer, The Devil We Know, pp. 1-2, 56, 249, and SeeNo Evil, p. 264; Ex. 7, Bergman Affid. 24; Ex. 6, Lopez-Tefft Affid. 60. <strong>Iran</strong> wagesthis undeclared war through asymmetrical strategies and terrorism, often through proxiessuch as Hizballah, HAMAS, al Qaeda, and others. Baer, The Devil We Know, pp. 1-5, 19,21-22, 63, 78, 91, 96-111, and See No Evil, p. 264; Ex. 7, Bergman Affid. 19-21. 21The U.S. State Department has designated <strong>Iran</strong> as a foreign state sponsor of terror21 The U.S. federal courts ―have chronicled the senseless violence and carnage that have dotted the lastthree decades of hostile relations between the Islamic Republic of <strong>Iran</strong> and the United States. Theseterrorism cases are the tragic stories of the many victims – like the more than one thousand victimsrepresented here today – who have suffered dearly as a result of a campaign of terror that has includedhostage takings, torture, suicide bombings, and assassinations.‖ In Re: Islamic Republic of <strong>Iran</strong>Terrorism Litigation, 659 F.Supp.2d at 188 (Lamberth, Ch.J.).37
Change language