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Law is blind so fair to all
Wednesday, 21 February 2007 - 4:27 AM SL Time |  | |
U.S to unfasten LTTE leash
By Alykhan Velshi and Howard Anglin
For nearly a decade, the policy of the American government has been to treat the Liberation Tigers of Tamil Eelam (LTTE) as a terrorist organisation. Americans are banned from donating money or providing any material support, to the LTTE; U.S. banks are forbidden from operating as a conduit for LTTE money; and the U.S. government vocally opposes the LTTE in international fora.
This may be about to change in the wake of an American court decision overturning the LTTE`s designation as a terrorist entity. The case, Humanitarian Law Projects vs. Department of Treasury, arose after several individuals who wanted to provide assistance to the LTTE sued the U.S. government, arguing that the current ban on the terrorist group was unconstitutional. One of their principal claims is that the President of the United States has too much discretion to determine which groups are classified as terrorist entities.
In a shocking, and shockingly bad, judgment, Judge Audrey Collins, a federal trial judge from California, ruled last November that the President of the United States` designation of the LTTE as a terrorist entity was unconstitutional. If Judge Collins`s decision is allowed to stand, the LTTE will be permitted to fundraise openly in the United States, and there will be no ban on those who associate with the LTTE.
At this time, the U.S. government has not officially committed to appealing Judge Collins`s decision. It recently filed a motion asking Judge Collins to reconsider her opinion, which is a procedural formality that is rarely granted. When the government`s motion is denied ? as it likely will be ? the clock will begin ticking on the 60 days the government will have to appeal.
It is vital to Sri Lanka`s interests that the decision is appealed and overturned. If the LTTE is allowed to fundraise openly in the United States, its supporters on this side of the Pacific Ocean will be open for business and its coffers will fill with donations from the United States, Canada, the United Kingdom and Europe, which will allow it to increase the scope of its terrorist operations.
Whether the U.S. government chooses to appeal will involve several considerations, including whether it believes the LTTE is a sufficient threat to U.S. interests to warrant the expense and time of an appeal. We believe the Sri Lankan government has a real opportunity to influence that decision.
As a country that shares with the United States the goal of security under the rule of law, yet bears deep scars from decades of terrorism, Sri Lanka is ideally positioned to remind the United States that, as devastating as the attacks on the World Trade Centre and the Pentagon were, they are not the worst injuries that terrorist organisations can inflict. Sri Lankan officials should be exerting pressure on the White House, the Department of Justice, and the new Democratic majority in the Senate, explaining to them that the U.S. government cannot allow this dangerous decision to remain unchallenged.
Most Americans are regrettably unfamiliar with the murderous and unlawful activities of the LTTE. However this does not mean that the U.S. government is unaware of them. Indeed, the fact that the United States has specifically designated the LTTE as a terrorist organisation despite the fact that the LTTE`s atrocities do not usually threaten United States citizens shows just how seriously the U.S. government takes them.
What is more ? and Sri Lankan diplomats should be prepared to make this point to their U.S. counterparts ? the groups acting on behalf of terrorists such as the LTTE are drawcansirs on the U.S. legal system, bullying their way through the courts, selectively filing cases with sympathetic judges, and cloaking their political mischief behind the magisterial guarantees of the Constitution. There is every reason to believe that U.S. officials, currently distracted by domestic political squabbles, will respond favourably to a sharp reminder of the real danger posed by these organisations and this decision.
If the United States does appeal the ruling, the Sri Lankan government will likely want to correct the misimpressions of Judge Collins`s opinion, which all but described the LTTE as `freedom fighters.` The most direct and effective way of doing this would be to file a brief with the Court of Appeals as an amicus curiae ? a `friend of the court` who provides a perspective beyond that of the parties to a case ? explaining the violent nature of the LTTE and urging the court to recognize the President`s inherent constitutional authority to prohibit any support or funding to the LTTE and similar terrorist organisations.
The Sri Lankan government should remind the Bush administration that, while the United States is threatened by fanatical adherents to al Qaeda`s barbaric philosophy, Sri Lankans face the LTTE`s active campaign of terror every day. Cooperation cannot be a one-sided affair. The United States expects the Sri Lankan government`s help in the fight against al Qaeda and its offshoots; it is not too much for Sri Lanka to expect the same in return in its fight against the LTTE.
Sri Lanka is a trusted and valued U.S. ally in the war to protect civil society against those who actively seek to destroy it. That U.S. soil might become a haven for donations to the LTTE is regrettable, but it is not inevitable. U.S. officials need to hear from their Sri Lankan counterparts, to be reminded of the dangers of letting the LTTE operate openly in the United States and the folly of allowing a single misguided legal decision to strip the President of his plenary authority over foreign affairs and waging war.
Alykhan Velshi, a lawyer based in Washington, DC, is legal counsel at the Center for Law & Counterterrorism. Howard Anglin is an appellate lawyer in Washington, DC. The opinions expressed are their own.
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Source(s)
The Sunday Times On Line |
tamilcanuck
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20 Feb 2007 22:49:30 GMT Report for Abuse
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This may be about to change in the wake of an American court decision overturning the LTTE's designation as a terrorist entity. The case, Humanitarian Law Projects vs. Department of Treasury, arose after several individuals who wanted to provide assistance to the LTTE sued the U.S. government, arguing that the current ban on the terrorist group was unconstitutional. One of their principal claims is that the President of the United States has too much discretion to determine which groups are classified as terrorist entities.
In a shocking, and shockingly bad, judgment, Judge Audrey Collins, a federal trial judge from California, ruled last November that the President of the United States' designation of the LTTE as a terrorist entity was unconstitutional. If Judge Collins's decision is allowed to stand, the LTTE will be permitted to fundraise openly in the United States, and there will be no ban on those who associate with the LTTE.
i sent this article in to LNP in the morning.
Edited By - tamilcanuck - 20 Feb 2007 22:50:11 GM |
DVLADV
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20 Feb 2007 22:59:12 GMT Report for Abuse
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It is an interesting article which also shows the maturity and independence of the US legal system compared to SL.
Few points from the article to ponder:
This may be about to change in the wake of an American court decision overturning the LTTE's designation as a terrorist entity.
Which means based on US law LTTE is not a terrorist outfit although the state portrays it as such. Hmmm?
One of their principal claims is that the President of the United States has too much discretion to determine which groups are classified as terrorist entities.
Compare this with the system in SL. The Police, Military and the Justice system only give results the politicians want. Now you might understand why crimes get solved in US and not in SL.
It is vital to Sri Lanka's interests that the decision is appealed and overturned.
Should US care and why should US tax payers pay for it?
its supporters on this side of the Pacific Ocean will be open for business and its coffers will fill with donations from the United States, Canada, the United Kingdom and Europe, which will allow it to increase the scope
Agreeing to this is saying that the vast amount of Tamil expact community is with the LTTE. I know the Sinhalese call us many names but they honestly know that most Tamils who left SL are not brain dead and if they are willing to stick with LTTE then there should be a reason.
Whether the U.S. government chooses to appeal will involve several considerations, including whether it believes the LTTE is a sufficient threat to U.S. interests to warrant the expense and time of an appeal
I don't think LTTE is a threat to its interests and US population do not have a appetite to get involved in something they don't see a positive result. On the other side SL is a threat to US interest. US wants to cultivate good relations with India because its future economy clout and status as a power in Asia, its former friend Pakistan is not in its good books due to Al Quida training bases and Kashmir rebels but SL is moving close to Pak and Pak is using SL to interfere in India.
As a country that shares with the United States the goal of security under the rule of law,
This statement is a joke not worth commenting.
Most Americans are regrettably unfamiliar with the murderous and unlawful activities of the LTTE.
But they are familiar with other activities in SL. A picture is worth a thousand words and they have seen many pictures of monks in robes fasting against peace. Screaming from roof tops calling for war.
Burnt churches and pictures of priests gone missing.
Journalists gone missing, social workers disappearing without a trace. Their tax dollars sent as aid been squandered.
I think they are quite familiar although their government might not be.
What do you guys think? ? ? |
Revy
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20 Feb 2007 23:20:32 GMT Report for Abuse
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This statement is a joke not worth commenting.
Yes indeed, how anyone can call Sri Lanka a land that caters to the rule of law is beyond me hilarious. |
wk4pce
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21 Feb 2007 07:01:28 GMT Report for Abuse
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In a shocking, and shockingly bad, judgment, Judge Audrey Collins, a federal trial judge from California, ruled last November that the President of the United States' designation of the LTTE as a terrorist entity was unconstitutional.
What is shocking? US actually has a recognized legal system, Judges are elected not appointed by politicians. The judge made a decision based on the evidence put before him or her unlike the kangaroo court system in SL. |
Revy
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21 Feb 2007 21:42:06 GMT Report for Abuse
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What is shocking?
Probably shocked that Americans don't eat punnakku ;) |
pharoah
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21 Feb 2007 21:56:52 GMT Report for Abuse
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US will never change its attitude on sri lanka, whether tamils die or not, it will always side with sinhala gov
US has one strategic target - trinco harbour
not much else |
eeky
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21 Feb 2007 23:29:39 GMT Report for Abuse
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Most Americans are regrettably unfamiliar with the murderous and unlawful activities of the LTTE.
And the authors SEEM to be regrettably unfamiliar with the murderous and unlawful activities of the GOSL. |
eeky
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21 Feb 2007 23:41:07 GMT Report for Abuse
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In a shocking, and shockingly bad, judgment WHO are they to pass judgement?
Alykhan Velshi, a lawyer based in Washington, DC, is legal counsel at the Center for Law & Counterterrorism. Howard Anglin is an appellate lawyer in Washington, DC. The opinions expressed are their own. The opinions seem to have originated from the sri lankan embassy. |
tigeress19
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22 Feb 2007 00:18:20 GMT Report for Abuse
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Law is blind so fair to all
one man's meat is another's poison.
masking the freedom fight with the terrorist label is equal to the *CAPITAL PUNISHMENT* for a innocent.
we Tamils have tried many peace full protests as well as peace pacts to change the srilanka's discriminating policies towards the minority since 1956. we natives are discriminated in our home land.
the USA the world police must pay attention to the plight of the Tamils in srilanka and change it's policy towards the Tamils and recognize the ltte as freedom fighters! |
DVLADV
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22 Feb 2007 00:32:49 GMT Report for Abuse
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USA the world police must pay attention to the plight of the Tamils in srilanka and change it's policy towards the Tamils and recognize the ltte as freedom fighters!
Although what you say makes sense: your still asking too much from US where the President makes most of the decisions at will. This is one reason the congress and the courts are questioning his decisions.
This the same joker who had a complete report on Iraq by Baker's team who wanted a troop withdrawal, the generals on the ground dint want increased troops and the population voted against his war effort looking at all this he thinks he knows best and decides to send extra troops. Go figure. |
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