(Cross-posted from American Herald Tribune)
Detention Of Marzieh Hashemi Pursuant To Material Witness Order Borders On Political Kidnapping
ny discussion of the detention of journalist Marzieh Hashemi must begin in the historical context that all presidents have used the Department of Justice for constitutionally prohibited personal ends. The calculated seizure and political intimidation of Mrs. Hashemi and her family in the United States is but the most recent flagrant instance.
Whether it’s the deportation of political enemies during the Palmer Raids of the early 1900’s, or the COINTELPRO attacks a half a century later upon dissidents of color through assassination, mock show trials and indefinite detention of political prisoners, or the post 9-11 hysteria that drove hundreds of thousands of Muslims from the United States, or the targeted attack on whistle blowers and construct of the surveillance state by the last president, all have seen their executive power as essentially boundless, and their thirst to use it . . . largely unrestrained.
Yet none before has been so public, indeed brazen, as is the current one in his utter contempt for the settled rule of law and procedure. Indeed in Trump’s view the Department of Justice exists as but a mere extension of his own political thirst and agenda and may be employed as a tool to implement personal and political reprisal. In this light, the lawless seizure of Marzieh Hashemi was as predictable as it is ominous in both process and substance.
The history of the Foreign Agent Registration Act (FARA) has largely lain dormant with few prosecutions, if any, for violations and none before that have triggered the seizure of an American journalist pursuant to the subterfuge of a material witness order, here employed as little more than political handcuffs.
As of now there has been no official comment by the Department of Justice as to the nature of the grand jury dodge that served for the illegal and unnecessary seizure of Mrs. Hashemi when she recently de-boarded a flight in St. Louis, Missouri.
nitial grounds for the unprecedented seizure of the highly respected anchor for Press TV swung wildly, ranging from leverage to obtain the release of other Americans “held” in Iran to a US investigation into possible violations of the recently re-imposed political sanctions against Iran to OFAC violations (Office of Financial Assets Control) arising from her unlicensed work for a designated foreign state.
If, as it turns out, the seizure of Mrs. Hashemi finds its genesis in an unprecedented criminal investigation of a news outlet pursuant to FARA, to understand just how calculated and arbitrary a step it is, one need only look at its very different application against the Russian state-owned media outlets Sputnik and RT.
Cast in the light of the hysteria over alleged Russian interference in the 2016 election, Congress and various government agencies turned their attention to both outlets. Claiming the need to provide listeners with notice as to their partisan bent, in point of fact FARA was used against Sputnik and RT as so much a legislative bully-pulpit in a readily transparent effort to “purify” if not control the message of these two foreign-owned outlets.
Yet, if FARA triggered the stunning seizure of Marzieh Hashemi, that precipitous step bears no likeliness whatsoever to the procedural and substantive approach employed by the US government with regard to like violations by Sputnik and RT.
In neither case were journalists of the networks seized by the government for possible violation of FARA. In neither case were the networks targeted for grand jury investigation. In fact, unlike here, both media outlets were given ample opportunity to raise objections to the applicability of FARA to their activity and when their arguments proved unavailing a chance to either register with it or to cease operations within the United States. Failing this, the government threatened but did not, at any time, undertake criminal prosecutions or arrests of employees, let alone journalists, who worked for the outlets.
hat is not what has apparently happened here with Press TV. In this regard, there is no evidence that Press TV was put on notice that it’s “presence” within the United States or acquiring and using information it received in and about controversial US issues for airing in Iran, and elsewhere, triggered FARA oversight let alone a criminal violation of its reach. Nor, does it appear, Press TV was given an opportunity to challenge a claim that its activity fell within the rubric of FARA. Finally, there is no evidence Press TV was given an option to either register with FARA or to cease its operation or a warning that failure to do so could result in the prosecution of the network or the arrest of its journalists.
In this light, it is palpably clear that the Department of Justice has employed a double standard between its approach to the application of FARA to Sputnik and RT and to that applied as against Press TV.
Given a grand jury investigation into Press TV for an alleged criminal violation of FARA and the arrest of one of its most respected journalists, it is beyond cavil that the US government has chosen to selectively enforce and punish it for political reasons driven, no doubt, by an Oval Office agenda.