Material Support for the MEK Terrorists

Giuliani’s work for Iranian group with bloody past could lead to more legal woes

Giuliani ally Michael Mukasey’s move to register as a lobbyist for an Iranian dissident group may spur the DOJ to investigate, experts say.

In the spring of 2017, former U.S. attorney general Michael Mukasey met with representatives of the Iranian dissident group Mujahedeen e-Khalq (MEK), a State Department-designated foreign terrorist organization until 2012.

Mukasey wasn’t alone. Joining him at the meeting was another high-profile American political figure: Rudy Giuliani.

For nearly a decade, the former law partners have pushed the agenda of the MEK, giving paid speeches and writing newspaper op-eds expressing support for a group linked to the deaths of six Americans in the 1970s.

But it wasn’t until late last month that Mukasey registered as a foreign agent lobbying pro bono for MEK’s political arm. Giuliani still hasn’t, raising the possibility that the Justice Department could target him in an illegal lobbying probe, experts say.

“This is the kind of scenario that very commonly leads them to launch an investigation,” said Josh Rosenstein, a Washington-based lawyer who advises clients on compliance with federal lobbying laws.

If Giuliani and Mukasey were”working together or in parallel,”Rosenstein added,”then it’s a huge problem for Giuliani.”

Mukasey’s move to register as a lobbyist for the MEK’s political affiliate comes as Giuliani, the former New York City mayor-turned-personal lawyer to President Donald Trump, is facing growing legal peril connected to his international business activities.

Giuliani’s overseas dealings, primarily in Ukraine, are under fresh scrutiny after two of his associates were charged last week in a scheme to funnel foreign money to U.S. politicians.

The New York Times has reported that Giuliani’s business dealings are under federal investigation and prosecutors may be looking at his exposure for failing to file as a foreign agent.

Legal experts say Giuliani’s work on behalf of the MEK and its political arm, the National Council of Resistance of Iran, also raises questions about whether he may have run afoul of the Foreign Agents Registration Act, or FARA. The law requires American citizens to disclose to the Justice Department any lobbying or public relations work on behalf of a foreign entity, regardless of whether they’re paid for the representation.

A review of the group’s government filings shows that Giuliani met with MEK officials at least once every year since 2014. A range of issues were discussed, including “Iran’s nuclear weapons as well as Iran’s terrorism in the region, including Iraq and Syria” in 2014, the plight of Iranian dissidents living in Iraq in 2015, and the protests in Iran in 2018.
During that period, he has appeared at MEK-related events in Poland, Albania, Paris and Washington. FARA experts say Giuliani’s speech in Washington in May 2018 and U.S.-based writings in support of the group are particularly problematic.

“This certainly walks like a FARA issue and talks like a FARA issue,” said Matthew Sanderson, a defense lawyer who specializes in foreign lobbying cases.

He said the Justice Department will likely try to “develop facts to determine whether these efforts to influence public opinion in the U.S. were at the request or direction of MEK, a foreign interest.”

“This is a particularly unusual situation because Mr. Giuliani was acting as the president’s counsel, all while acting in ways that suggest he was simultaneously representing certain foreign interests,” Sanderson said.

In an interview with NBC News, Giuliani said he has no reason to register as a foreign agent because, unlike Mukasey, he’s not planning to speak to U.S. government officials about the MEK.

“I’m not doing what he’s doing,”Giuliani said.”He’s not registering for any previous activity. He’s registering because he’s asking for a specific meeting with the government.”

Giuliani would not elaborate on the reason for the meeting. Mukasey declined comment.

Representatives for the group’s political arm did not return requests for comment.

Formed in the 1960s as a Marxist-Islamist movement, the MEK has a bloody history.

The group, whose name translates as “People’s Holy Warriors of Iran,” is accused of killing six Americans before the 1979 Iranian revolution and assassinating Iranian diplomats in the subsequent years.

A longtime ally of the Iraqi dictator Saddam Hussein, the MEK was placed on the State Department’s terror blacklist in 1997. The group enlisted an A-list cast of former American political and law enforcement leaders as part of its effort to remove itself from the terrorist list and enhance its reputation in the West.

The strategy worked. In 2012, Secretary of State Hillary Clinton announced a decision to remove the group from the list.

Daniel Benjamin, a State Department counterterrorism coordinator from 2009 to 2012, has focused extensively on the network of American politicians who have been paid by MEK, including Giuliani and Mukasey.

“I found it pretty distasteful that they were shilling for this group even if it was delisted,” said Benjamin, now a professor at Dartmouth College. “This is a group that has American blood on its hands, and it’s never owned up to that.”

Benjamin said the group has long attracted anti-Iran hard-liners who recruit like-minded peers.

“Look at those who have gone on their gravy train and then go to their events and say MEK is going to bring democracy and peace to Iran,” Benjamin said. “Basically these guys bring aboard their pals. Especially among the hardest line anti-Iran folks, this is the place to go. Though plenty of people become much more hard line once their pockets are filled with MEK money.”

“The big question,” Benjamin added,”is where does all this money come from?”

Karim Sadjadpour, an Iran expert with the Carnegie Endowment for International Peace, described the organization as a fringe group with mysterious benefactors that garners scant support in its home country.

“Their population in Iran hovers between negligible and nill,” Sadjadpour said.
Still, the MEK’s roster of supporters includes an array of prominent Americans: former FBI Director Louis Freeh; former Democratic governors and presidential candidates Howard Dean and Bill Richardson; Trump’s former national security adviser John Bolton; and former Obama national security adviser James L. Jones.

In speeches and media interviews, Giuliani and the others have insisted the MEK is now a democratic-minded opposition group committed to overturning the mullah-led government in Tehran. They say their support for the group is also based on humanitarian motives — to ensure the safety of the Iranian dissidents living in Iraq who face the threat of attacks.

Giuliani’s MEK advocacy dates to at least 2010. In December of that year, he and Mukasey were among a group of prominent Republicans who traveled to a rally in Paris where they called on the Obama administration to remove MEK from the U.S. list of foreign terrorist organizations.

“For your organization to be described as a terrorist organization is just really a disgrace,” Giuliani declared before a crowd of Iranian exiles, according to an article in The Washington Post.

Mukasey urged the White House to offer “all possible technical and covert support to those fighting to end oppression in Iran.”

“What it has done and what it is doing is nothing less than an embarrassment,” he told the crowd, according to The Post.

The following year, Giuliani and Mukasey co-wrote an op-ed in the National Review with two other MEK supporters defending the organization.

In the 2011 piece, headlined “MEK is not a terrorist group,”Giuliani and the others argued against suggestions that the authors were providing material support to a terror group. The MEK has”provided valuable intelligence to the United States to Iranian nuclear plans,”they wrote.

In his FARA filing, dated Sept. 26, Mukasey wrote that he’s not being compensated for his MEK advocacy.

“The registrant has agreed to communicate with executive branch and legislative officials in the United States government on behalf of the foreign principal and its members on an unpaid basis,”the filing says.”However, the foreign principal will reimburse the registrant for direct expenses such as filing costs and travel.”

The filing lists Sept. 20, 2019, as the date of the agreement with MEK.

Sanderson, the defense lawyer who focuses on government lobbying, said the listing of that date could pose problems for Mukasey if he started doing lobbying work for MEK before then.

“Filing a late registration, especially if you’re not accurate in your description, could result in charges,”Sanderson said.

But Sanderson added that filing late is still better than not filing at all.”If you approach the government and proactively say, ‘I’m registering,’ even if it’s late, you’re in a much better position than if the government comes to your door.”

Giuliani would not say how much the group pays him for his appearances. He said there’s no reason why the Justice Department would target him for activities that dozens of other former U.S. politicians and military figures are participating in.

“If I have to register, so do three former heads of the joint chiefs of staff and eight very prominent Democrats and eight very prominent Republicans,”Giuliani said.

In an interview with NBC News’ Andrea Mitchell in Poland this past February, Giuliani said he worked to get the MEK off the terror list because”there was no evidence of any kind of terrorist activity for over 20 years, if any, and they were basically revolutionaries who overthrew the shah.”

“They believe in democracy, in human rights, rights of women,”said Giuliani, who was appearing at an MEK event.

In the interview, he also defending advocating for the MEK while also working as the president’s personal lawyer.

“I’m a private lawyer, so private lawyers have private clients,”Giuliani said.”This has been a client of mine for years. Maybe if I was taking a new position. Maybe if i was taking a bold new different position. I’m just repeating what I said 11 years ago, 10 years ago.”

Mukasey told The New York Times in 2011 that he had been paid his standard speaking fee — $15,000 to $20,000, according to the Web site of his speakers’ agency — to deliver talks at MEK-related events.

He insisted that his decision to advocate on behalf of the group was not driven by money.”There’s no way I would compromise my standing by expressing views I don’t believe in,”Mukasey told The Times.

Federal prosecutors have brought few FARA cases over the years. But the law garnered renewed attention during the special counsel’s investigation into Russian election interference.

Two Trump associates, Paul Manafort and Rick Gates, were charged with failing to register as foreign agents.

Giuliani’s contacts with the MEK extended into this past summer. In July, he traveled to Albania to meet with the group’s president, Maryam Rajavi.

An article from the MEK’s official website said Giuliani”emphasized that America stands on the side of the Iranian people and supports their struggle for freedom.”
By Julia Ainsley, Andrew W. Lehren and Rich Schapiro – nbcnews.com

Oceanfront views, 24-hour doorman, heated pool, and perhaps best of all, a “private tunnel to the beach.” This $3 million Palm Beach, Florida penthouse could be yours, but unfortunately it isn’t because this prize has already been claimed by a former high-level U.S. official who helped pave the way for the over decade-long “war on terror,”which has been a near complete catastrophe.

Iraq is aflame, the Islamic State is on the rampage, the situation in Afghanistan worsens by the day, and thousands of Americans—and many more Iraqis and Afghans—have died during the post-9/11 conflicts. Meanwhile, the combined cost of the “war on terror” comes to an estimated $1.6 trillion.

But if the American people got screwed on the deal, a lot of former senior government officials who played important roles in this debacle have done quite well for themselves. It’s New Year’s Eve and I need to write a final sendoff to 2014, so I thought I’d take a look at the fortunes (literally) of some of these figures: Former CIA director George Tenet and former FBI director Louis Freeh (I’ll cover former Department of Homeland Security chief Tom Ridge in a New Year’s post).

Consider Tenet. As head of the CIA, he missed multiple signs of a major Al Qadea attack directed against the United States, called the case against Saddam building Weapons of Mass Destruction a “slam dunk,” and approved the Bush administration’s torturing of terror suspects.

In any fair world Tenet would be tried for criminal incompetence. Instead, he got the Presidential Medal of Freedom and after resigning in 2004 (at which point his agency salary was south of $200,000), he received a $4 million advance to write a memoir. In it, he confessed to “a black, black time” a few months after 9/11 when he was sitting at home in his favorite Adirondack chair thinking about the tragedy that killed 3,000 Americans on his watch and asked, “Why me?”

Tenet has received millions more in his current role as managing director of a privately held New York investment bank and as a board director and advisor to intelligence and military contractors. Meanwhile, he collects fat speaking fees to talk about “current global threats to U.S. security and what the future holds for the U.S., our allies and interests around the globe.” (Top Secret: Here’s where he gets his best intelligence.)

Not bad for the son of Greek immigrants who before entering government service in 1982 (as legislative director to then-Senator H. John Heinz III) worked at the American Hellenic Institute and the Solar Energy Industries Association. When he headed the CIA, Tenet lived in a ranch house in Potomac, Maryland, which he bought in 1986 for $179,000. He currently splits his time between New York and the affluent D.C. suburb of Bethesda, where he reportedly lives in a neighborhood “known for its tree-lined streets, vintage brick homes, and atmosphere oozing with understated luxury.”

Then there’s Louis Freeh, Tenet’s counterpart at the FBI during the run-up to 9/11. (He resigned a few months before the attacks.) The former FBI director was seriously injured in a car wreck this August, but told police he had no idea what happened because he’d been asleep at the wheel, which is a perfect metaphor for his FBI stewardship. (And let me sincerely say I wish Freeh a speedy recovery, but the metaphor is precise.) Like Tenet, Freeh failed to act on a mountain of evidence pointing towards 9/11, i.e. an April 2001 memo sent to him by his assistant director that cited “significant and urgent” intelligence of “serious operational planning” for terrorism attacks by Islamic radicals linked to Osama bin Laden. He also botched cases involving Richard Jewell, Wen Ho Lee, and Robert Hanssen.

Freeh resigned from the FBI two months before 9/11. When he worked there he was making an annual salary of $145,000 and lived “in a heavily mortgaged house in Great Falls, a Virginia suburb,” according to an old and admiring New Yorker profile. He and his wife now own at least four lavish estates worth many millions of dollars, including a residence in Wilmington, Delaware, a six-bedroom summerhouse worth more than $3 million in Vermont, and a beachfront penthouse at 100 Worth Avenue in Palm Beach, Florida, which was bought for $1.4 million and now has an estimated value of $3 million.

How’d that happen? Well, Freeh is one of many former U.S. officials who got paid big speaking fees (reportedly up to $50,000 a pop) by a creepy Iranian group called the People’s Mujahedin, also known as Mojahedin-e-Khalq, or MEK, to successfully advocate for its removal from the State Department’s list of Foreign Terrorist Organizations. He also opened up a consulting firm whose clients have included Saudi Arabia’s Prince Bandar, who the U.S. Department of Justice accused of taking massive bribes from a British defense contractor. That’s right, Freeh represented a prince from America’s old pal Saudi Arabia, home to fifteen of the nineteen 9/11 hijackers, and whose export of Wahhabism is credited with giving rising to the Islamic State.

Freeh is also hired to conduct investigations, like the controversial report he produced about Penn State’s football program. Nasser Kazeminy, a Minnesota businessman who in 2008 was accused of bribing former Senator Norm Coleman, also hired Freeh to conduct a “thorough investigation” of the allegations against him in the hopes of clearing his name.

In 2011, Freeh issued a public statement saying that his investigation had “completely vindicated” both Kazeminy and Coleman. Sure, Kazeminy had bought Coleman $100,000 worth of presents, but, Freeh said at a press conference, “There was no quid pro quo in the gifts. There was no wrongdoing.” Freeh also met with the Justice Department – which was investigating the bribery charges but declined to bring a case—on Kazeminy’s behalf.

Oh yeah, about Freeh’s Palm Beach penthouse. As I discovered through Florida property records, Freeh’s wife co-owns it with Kazeminy, which kind of makes you wonder about just how thorough and impartial his investigation was. The quit claim deed giving Freeh’s wife one-half ownership of the penthouse was signed nine days after Freeh’s vindication of Kazeminy.

Freeh declined to comment for this story.

Ken Silverstein, The Intercept

Photo: Sotheby’s

Email the author: kensilverstein@firstlook.org

An Iranian group’s lobbying campaign to get removed from the U.S. list of terror organizations looks to be a success. But what does that say about the state of politics in Washington?

It’s no secret how a group gets designated as terrorists in the eyes of the U.S. government. Section 219 of the Immigration and Nationality Act enumerates the authorities of the secretary of state in listing a group as a foreign terrorist organization (FTO). The act references the existing statutory definitions of terrorism, provides avenues for appeal of the classification, and otherwise lays out various processes for review.

Nowhere, however, does the act lay out the options for buying your way out of a designation. Luckily, the Iranian expat group Mojahedin e-Khalq (MEK) soon to be "delisted" as an FTO, according to multiple reports, has provided us with a roadmap. But first, a little background.

The MEK, an anti-shah, Islamist, Marxist Iranian opposition group that fell afoul of the Islamic Revolution early on, was designated — put on the terrorist list — in 1997. It earned the designation fair and square, having been involved in numerous attacks, including the hostage-taking and murder of Americans, according to a State Department report. Indeed, it was at times more hardline than the Ayatollahs: The group reportedly condemned the new Iranian government’s decision to release the American hostages in 1980 as "surrender."

More recently, the MEK has restricted its attacks to Iranian nationals. Those curious can check out this lengthy FBI report for all the gory details. Suffice it to say that these erstwhile Marxists have proven themselves remarkably adaptable: The leadership moved with ease from the shah’s Iran, onward to France and, once ousted from Paris, to a congenial perch in Baghdad, where the MEK was reportedly involved in Saddam’s extermination campaign against the Kurds and repression of Iraq’s Shia.

But the world is now a different place — Saddam is gone and the MEK claims it has reformed. Certainly, the embassy takeovers and the anti-American, anti-Israel rhetoric are gone. Now it appears that the MEK is merely a cult-like organization — intensely devoted to its leaders Massoud and Maryam Rajavi and virulently opposed to the Islamic Republic. Reports from former members suggest that followers require permission from the Rajavis to marry, that parents are separated from children, that communication with outsiders is banned, and that more senior followers are required to divorce to commit themselves more fully to the fight.

The State Department has long resisted efforts to remove the MEK from the terrorist list. As of 2004, the FBI had evidence that the group was still planning attacks against Iranian targets around the world. In addition — and this is no small caveat — successive secretaries of state in both Republican and Democratic administrations have recognized that delisting the MEK could throw a monkey wrench into efforts toward rapprochement with Iran. …

Setting aside the fact that the MEK worked hand in glove with other masterminds of the Islamic Revolution, Iranians are rightly wary of the fact that the MEK sided with the hated Saddam in his war against Iran. Indeed, the MEK has never appeared as the voice of democratic hope for the Iranian people, but merely a dictatorship in waiting. Washington, however, has been more suggestible.

The recent history of the MEK — also known in other guises such as the National Council of Resistance, the National Liberation Army, and the People’s Mojahedin of Iran — has featured various front groups that have lobbied aggressively for the removal of the MEK’s terrorist designation. These lavishly resourced groups have pursued a sophisticated and multi-dimensional campaign that reached from the state-by-state field offices to the toniest K St. lobbying shops. And their efforts have gained substantial momentum in recent years, leaning on former senior government officials and journalists to make their case.

On Capitol Hill, the MEK emphasizes its credentials as an opponent of the Iranian regime, allowing wannabe masters of the "great game" to imagine that this enemy of our enemy is our friend. Among Republicans and Democrats alike, there is seemingly little curiosity as to the MEK’s nature or its plans for Iran should it ever should come to power.

A who’s who of former government officials have led the way in advocating for the MEK in Washington’s corridors of power. There’s former New York City mayor and presidential candidate Rudy Giuliani, former Vermont governor and Democratic presidential hopeful Howard Dean, President Barack Obama’s former National Security Advisor Gen. James Jones, and the former chairman of the House Foreign Affairs Committee, Democrat Lee Hamilton. There’s also Mitt Romney advisor Mitchell Reiss and former New Mexico Governor Bill Richardson. Who says bipartisanship is dead in Washington?

Is every one of these men and women a principled supporter of the MEK, dedicated to the liberation of Iran? Seems doubtful. As their own records in government will attest, most did nothing for the MEK when in a position to do so. The more likely explanation is that at least some of these folks have been persuaded with money, most of it coming in the form of speaking fees. And there is lots of it. Where does it come from? The FBI won’t tell those on Capitol Hill who have asked; the MEK insists the money is from its donors.

The ethics of accepting money for a speaking gig from a designated terrorist group is dubious — but if it’s happening through non-designated fronts, it’s likely to be legally kosher. On the other hand, the Washington Postreportedin July that some of these speakers are also taking part in regular briefings and negotiations regarding the fate of Camp Ashraf, the MEK camp inside Iraq that the government in Baghdad is disbanding.

According to State Department sources, participants in those calls were advocates on behalf of the MEK, and were being used to relay messages to and from the group. If so, these individuals were acting as unregistered foreign agents for the MEK. The law is specific on this question: Acting on behalf of a foreign organization without properly registering with the U.S. government is a crime. The Justice Department is reportedly investigating former Pennsylvania Governor Ed Rendell for his MEK ties, but few are sanguine the probe will go anywhere.

So what’s the lesson here? Pretty simple. Announce you’ve renounced terrorism. Buy a bunch of supporters. Lobby to get off the terrorism list. ET voila.

The tale of the MEK reflects poorly on all involved, from the State Department to Capitol Hill to undeclared lobbyists. Unfortunately, the designation of foreign terrorist organizations has become a highly politicized exercise in which some groups are designated for the right reasons (terrorism) and others are not labeled, despite clearly meeting the statute’s requirements. For example, the Haqqani network in Pakistan was only designated in September despite its long association with other terrorist groups and its own terrorist activities. At the very least, however, we will soon find out whether, freed of the opprobrium of its terrorist designation, the MEK will make any difference in our long-running battle with Iran. Somehow, I doubt it.

By Danielle Pletka, Foreign Policy