Frost v. Islamic Republic Iran
Frost v. Islamic Republic Iran
Opinion of the Court
In January 2016, Waiel El-Maadawy, Amr Mohamed, and Russell Frost-U.S. citizens serving as private defense contractors in Baghdad, Iraq-were kidnapped and detained for a month by the militant group Saraya al-Salam. That group was controlled by Muqtada al-Sadr, an Iraqi insurgent, politician, and cleric, and supported by Iran. El-Maadawy, Mohamed, and Frost sued Iran for its material support for their kidnapping under the terrorism exception to the Foreign Sovereign Immunities Act. After proper service and an entry of default, they moved for default judgment against Iran. For the reasons explained below, the Court will grant Plaintiffs' Motions for Default Judgment (ECF Nos. 27, 32).
I. Legal Background
The Foreign Sovereign Immunities Act (FSIA),
II. Procedural Background
El-Maadawy, Mohamed, and Frost, along with several of their family members, (collectively, "Plaintiffs") filed this suit in April 2017. They brought three counts under 28 U.S.C. § 1605A(c) against the Islamic Republic of Iran-one for the torture and hostage-taking of each of the three victims.
Iran never responded to the complaint. In January 2018, at Plaintiffs' request, the Clerk of the Court entered default against Iran. ECF Nos. 14, 15. Plaintiffs filed an amended complaint the next month, containing the same substantive claims as *38their original one.
In February 2019, the Court held a two-day evidentiary hearing on Plaintiffs' motions for default judgment. The Court received testimony from El-Maadawy, Mohamed, and Frost's widow, as well as two expert witnesses. The first, Stuart Bowen, served as Special Inspector General for Iraq Reconstruction. The Court qualified him as an expert on the history of Shia militias in Iraq, including al-Sadr's role in those militias, and Iranian influence in Iraq. The second, Michael Pregent, is a senior fellow at the Hudson Institute, as well as a former intelligence officer and visiting fellow at the National Defense University. Pregent served in Iraq as an embedded advisor to the Iraqi government and as an adjunct fellow and contributor to the Chief of Staff of the U.S. Army's Operation Iraqi Freedom Study Group, which researched and wrote an operational history of the Army's experience in Iraq from 2003 to 2011. The Court qualified him as an expert on, among other things, Iranian influence in Iraq.
III. Findings of Fact
In FSIA cases, the Court may "accept as true the plaintiff's uncontroverted evidence." Elahi v. Islamic Republic of Iran ,
Based on the evidence received at the hearing, the Court finds that Iran provided funding, weapons and training to Saraya al-Salam to advance its goals in Iraq, including through torture and hostage-taking; Saraya al-Salam carried out the kidnapping and mistreatment of El-Maadawy, Mohamed, and Frost; and it did so to increase Iran's leverage over the imminent implementation of the Joint Comprehensive Plan of Action (JCPOA), commonly known as the Iran nuclear deal.
A. Iran's Support for Shia Militias in Iraq, Including Saraya al-Salam
Since Iran's revolution in 1979, it has operated the Islamic Revolutionary Guard Corps (IRGC), a branch of its *39armed forces.
Shia and Sunni Islam are the two major branches of that religion, both of which claim followers in Iraq. Rough Tr. Feb. 12 at 58-59 (Bowen). Iran is mainly Shia, and because it aims to promote Shia power and influence relative to other religious groups, the militias that the Quds Force supports tend to be Shia as well. Rough Tr. Feb. 13 at 92 (Pregent); Flanagan ,
*4013 at 73, 75, 89, 119-20 (Pregent); see also Flanagan ,
Al-Sadr is a prominent Shia insurgent, politician, and cleric in Iraq who has received funding and other support from Iran since at least the early 2000s. Rough Tr. Feb. 12 at 71, 134-35 (Bowen); see also Fritz v. Islamic Republic of Iran ,
Al-Sadr formed Saraya al-Salam to counter the influence of the Islamic State in Iraq and the Levant ("ISIS"), a rising Sunni terrorist group. Rough Tr. Feb. 12 at 97-98 (Bowen). Saraya al-Salam, like previous Sadrist Shia militias, received training, weapons, and money from Iran through Hezbollah and the Quds Force to advance Iran's interests in Iraq up through the time that El-Maadawy, Mohamed, and Frost were kidnapped.
B. Saraya al-Salam's Kidnapping of El-Maadawy, Mohamed, and Frost
On January 15, 2016, El-Maadawy, Mohamed, and Frost were working in Baghdad as military contractors, training Iraqi security forces.
When El-Maadawy, Mohamed, and Frost tried to leave the translator's apartment, they found dozens of armed men waiting for them outside; one stepped forward to block their exit.
*41
El-Maadawy, Mohamed, and Frost were driven to a nearby building in Sadr City and interrogated about who they were and what they were doing in Iraq.
El-Maadawy, Mohamed, and Frost would remain in Saraya al-Salam's captivity for the next month. During the first week, El-Maadawy was kept naked and blindfolded, his hands and feet bound behind his back.
Mohamed was also stuffed into a tiny cell and provided cardboard on which to sleep. Rough Tr. Feb. 13 at 29-30 (Mohamed). He was shackled and blindfolded during most of his captivity. Id. at 32. Twice his captors hung him from the wall by his shackles-one time from those binding his hands, and another time from those binding his feet. Id. at 35. Mohamed also endured two mock executions in which his captors placed unloaded guns against his head and pulled the trigger. Id. at 34. His captors beat him many times, including with a pipe. Id. at 40, 51. He shared a cell with Frost for part of their captivity, and their captors gave them both water bottles filled with urine to drink. Id. at 37-39, 53. Mohamed heard Frost being beaten, too, and often heard him groan with pain. Id. at 53, 60. Their captors bound Frost with flex cuffs cinched so tightly around his hands and feet that his extremities turned blue. Id. at 54.
Throughout their captivity, El-Maadawy and Mohamed were interrogated about American weapons, military strategy, and *42intentions toward Iraq and Iran. Rough Tr. Feb. 12 at 200-01, 206 (El-Maadawy); Rough Tr. Feb. 13 at 41 (Mohamed). Shortly before they were released, their captors forced all three men to record a video in which they wore American military-style uniforms, sat in front of Saraya al-Salam flags, thanked al-Sadr for their release and warned the United States not to invade Iraq again.
On February 16, 2016, El-Maadawy, Mohamed, and Frost were removed from their cells and driven to a meeting with Iraqi government officials. Rough Tr. Feb. 12 at 211-12 (El-Maadawy). Then U.S. soldiers arrived and took them into custody. Id. at 213-14. They were flown to a U.S. military base in Germany for medical treatment and debriefing, and after a week or so, back to the United States.
All three men continued to suffer from pain, flashbacks, and other medical problems because of their treatment in captivity. Rough Tr. Feb. 13 at 44-49 (Mohamed); see Rough Tr. Feb. 12 at 218-20 (El-Maadawy). In November 2017, Frost passed away, still suffering from injuries to his feet and other after-effects from his detention. Rough Tr. Feb. 13 at 50 (Mohamed).
C. The Purpose Behind the Kidnapping
The JCPOA was an agreement between Iran, the United States, and other countries to lift sanctions against Iran in exchange for limits on Iran's nuclear program. Rough Tr. Feb. 12 at 115 (Bowen). The JCPOA's implementation was a highly sensitive moment in the relationship between Iran and the United States in which Iran was jockeying for leverage. Id. at 115, 123. That implementation was scheduled within a day or so of Saraya al-Salam's kidnapping of El-Maadawy, Mohamed, and Frost. Id. at 130-31.
Both experts testified that in their opinion, Saraya al-Salam abducted El-Maadawy, Mohamed, and Frost to further Iran's objectives, and increase its political leverage, as the JCPOA's implementation drew near. The Court credits these opinions, which it found credible, considered, and persuasive.
Bowen testified that the kidnapping was intended to increase Iran's leverage over the negotiation and subsequent implementation of the JCPOA.
Pregent testified similarly. Rough Tr. Feb. 13 at 104-08 (Pregent). In his view, the abduction of El-Maadawy, Mohamed, and Frost was motivated either by Iranian leverage-seeking against the United States in connection with the JCPOA's implementation, or by the IRGC or Quds Force's desire to compel the United States to withdraw from the agreement entirely. Id. at 107-08, 114-15. He, like Bowen, also based his opinion on the timing and boldness of the kidnapping and Iran's careful advancement of its interests through Shia militias in Iraq. Id. Pregent pointed out that the agreement had received a mixed reception in Iran, with some elements within the Iranian government, including the IRGC and the Quds Force, reportedly opposed to it. Id. at 104-05, 107-08. And, like Bowen, he noted that the IRGC had taken several actions widely interpreted as at least potentially intended to undermine the JCPOA, including briefly detaining the U.S. sailors the week before. Id. at 104-05.
IV. Conclusions of Law
The plaintiff bears the burden of production to establish subject-matter jurisdiction in an FSIA case. Owens ,
The FSIA permits entry of default judgment where plaintiffs prove jurisdiction and liability "by evidence satisfactory to the court."
As described below, the Court holds that it has subject matter jurisdiction over Plaintiffs' claims against Iran for its material support for Saraya al-Salam's torture and hostage-taking; it has personal jurisdiction over Iran; and Iran is liable for Plaintiffs' claims.
A. Jurisdiction
1. Subject-Matter Jurisdiction
The FSIA terrorism exception provides federal courts with subject-matter jurisdiction over cases "in which money damages are sought against a foreign state for personal injury or death that was caused by" an enumerated terrorist act. 28 U.S.C. § 1605A(a)(1). As threshold matters, however, the foreign state must have been "designated as a state sponsor of terrorism ... or [been] so designated as a result of such act,"
a. State Sponsorship of Terrorism
The State Department designated Iran as a state sponsor of terrorism on January 19, 1984, and Iran has remained so designated since that time. See State Sponsors of Terrorism, U.S. Dep't of State, https://www.state.gov/state-sponsors-of-terrorism/ (last visited May 24, 2019). As a result, this element is satisfied. See 28 U.S.C. § 1605A(a)(2)(A)(i)(I).
b. U.S. Citizenship
El-Maadawy and Mohamed testified that they were U.S. citizens at the time of their capture, and Frost's widow did the same for Frost. See Rough Tr. Feb. 12 at 142-43 (El-Maadawy); Rough Tr. Feb. 13 at 9 (Mohamed); Rough Tr. Feb. 13 at 7-8 (Frost). A U.S. citizen is a U.S. national for the purposes of the FSIA. 28 U.S.C. § 1605A(h)(5) ;
c. Acts of Terrorism
The third element of subject-matter jurisdiction under the FSIA terrorism exception is that the foreign government must have committed at least one terrorist act enumerated in the statute, including "torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act ...."
(i) Torture
In the FSIA context, the definition of "torture" is imported from the Torture Victim Protection Act.
(1) the term "torture" means any act, directed against an individual in the offender's custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and
(2) mental pain or suffering refers to prolonged mental harm caused by or resulting from-
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.
Torture Victim Protection Act of 1991, Pub. L. No. 102-256,
Courts in this Circuit have long held that repeated beatings, threats, unsanitary conditions, and inadequate food and medical treatment in detention can meet this definition, both because these conditions are sufficiently severe, and because they support an inference of punishment for an illicit purpose. See Hekmati v. Islamic Republic of Iran ,
The Court has little trouble concluding that El-Maadawy, Mohamed, and Frost *46were subjected to torture. As in Price , El-Maadawy and Mohamed testified to being beaten repeatedly, Rough Tr. Feb. 12 at 199, 218-19 (El-Maadawy), Rough Tr. Feb. 13 at 40 (Mohamed); El-Maadawy testified to being shocked by electric currents, Rough Tr. Feb. 12 at 207-08 (El-Maadawy); and Mohamed testified to being hung by his shackles, Rough Tr. Feb. 13 at 35 (Mohamed). Both men were also held in cells so small they could not stand up or lie down, Rough Tr. Feb. 12 at 195, 204 (El-Maadawy), Rough Tr. Feb. 13 at 29-30 (Mohamed); and subjected to mock executions, Rough Tr. Feb. 12 at 203-04 (El-Maadawy), Rough Tr. Feb. 13 at 34 (Mohamed). El-Maadawy's captors threatened to behead him and upload the video to the internet so that his children could see it. Rough Tr. Feb. 12 at 204 (El-Maadawy). And this treatment caused them severe pain and long-lasting injuries. Rough Tr. Feb. 13 at 44-49 (Mohamed); see Rough Tr. Feb. 12 at 218-20 (El-Maadawy). El-Maadawy and Mohamed also testified about their captors' treatment of Frost. Although Mohamed was blindfolded during most of their captivity, he saw their captors force Frost to wear flex cuffs for extended periods that were so tight they caused his extremities to turn blue. Rough Tr. Feb. 13 at 54 (Mohamed). Mohamed also overheard Frost being beaten and groaning in pain. Id. at 53, 60. Frost, along with Mohamed, was given water bottles of urine to drink. Id. at 37-39, 53.
For all these reasons, the Court finds that the cruelty and duration of the three men's abuse was intended only to punish and intimidate them. They were the victims of "severe pain and suffering" inflicted for no purpose attendant to a legitimate end, which qualifies their treatment as torture.
(ii) Hostage-Taking
The FSIA's definition of hostage-taking is imported from the International Convention Against the Taking of Hostages. See 28 U.S.C. § 1605A(h)(2). That definition reads,
Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person ... in order to compel a third party... to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ... within the meaning of this Convention.
International Convention Against the Taking of Hostages art. 1, U.N. GAOR, 34th Sess., Supp. No. 46, at 245, U.N. Doc. A/34/46 (1979). Hostage-taking thus has two elements: the abduction or detention, and the purpose behind it. Simpson v. Socialist People's Libyan Arab Jamahiriya ,
Political leverage in the context of a country's relationship with the United States is a sufficiently coercive purpose to establish hostage-taking. See, e.g. , Warmbier ,
Here, the Court finds that Saraya al-Salam kidnapped El-Maadawy, Mohamed, and Frost for a coercive purpose. As discussed above, Bowen and Pregent offered credible expert opinions that their kidnapping was timed to exert pressure on the United States right before the JCPOA's implementation, either to increase Iran's leverage or to compel the United States to withdraw from the agreement entirely. Their kidnapping thus qualifies as a hostage-taking.
(iii) Material Support
The FSIA terrorism exception derives its definition of material support from federal criminal law:
the term "material support or resources" means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials.
18 U.S.C. § 2339A(b)(1) ; 28 U.S.C. § 1605A(h)(3). And when an exception to the FSIA's sovereign immunity turns on a country's material support for an act of terrorism, its "provision of material support or resources [must have been] engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency." 28 U.S.C. § 1605A(a)(1).
The Court determines that Iran provided material support for the torture and hostage-taking of El-Maadawy, Mohamed, and Frost. Both experts testified at length about Iran's pattern of providing weapons, training, and funding to Shia militias run by al-Sadr, including Saraya al-Salam, to advance its interests in Iraq through violence-and that those efforts were ongoing when El-Maadawy, Mohamed, and Frost were kidnapped. Rough Tr. Feb. 12 at 56-63 (Bowen); Rough Tr. Feb. 13 at 73, 75, 89, 115-20 (Pregent). Moreover, Iran has a long-standing practice of providing material support for the acts of torture and hostage-taking, undertaken by Shia militias in Iraq under the direction of al-Sadr and the Quds Force. Fritz ,
d. Personal Injury
Under the FSIA's terrorism exception, subject-matter jurisdiction and liability also require that the damages sought are "for personal injury or death that was caused by" one of the enumerated acts of terrorism, such as torture and hostage-taking. 28 U.S.C. § 1605A(a)(1). As described above, El-Maadawy, Mohamed, and Frost were all injured during their captivity. And in their amended complaint, Plaintiffs seek damages for the pain and suffering experienced by each of the three victims and solatium for their family members. ECF No. 17. For these reasons, Plaintiffs' suit is for damages arising out of personal injury caused by torture and hostage-taking.
*48e. Causation
The final prerequisite for subject-matter jurisdiction and liability under the FSIA terrorism exception is that the plaintiff's personal injury must be "caused by" the defendant government's acts of terrorism. 28 U.S.C. § 1605A(a)(1) ; Kilburn v. Socialist People's Libyan Arab Jamahiriya ,
[T]he inquiry into proximate cause contains two similar but distinct elements. First, the defendant's actions must be a "substantial factor" in the sequence of events that led to the plaintiff's injury. Rothstein v. UBS ,708 F.3d 82 , 91 (2d Cir. 2013). Second, the plaintiff's injury must have been "reasonably foreseeable or anticipated as a natural consequence" of the defendant's conduct.Id.
Owens ,
Second, Plaintiffs' injuries were a reasonably foreseeable consequence of Iran's material support. To evaluate this element, the Court looks to the "broader context" of Iran's conduct. Owens ,
For all these reasons, Plaintiffs have met all the requirements set out in the FSIA state-sponsored terrorism exception. The Court thus finds that Iran is not immune from suit for its material support for the torture and hostage-taking of El-Maadawy, Frost, and Mohamed, and that it has subject-matter jurisdiction over Plaintiffs' claims.
2. Personal Jurisdiction
The Court is also satisfied that it has personal jurisdiction over Iran. Personal jurisdiction over a foreign government depends on (1) subject-matter jurisdiction under the FSIA, and (2) proper service under the FSIA.
Section 1608(a) lists four methods for serving a foreign government, in the order in which plaintiffs must attempt them:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or
(4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services-and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.
Because the Court has subject-matter jurisdiction over Plaintiffs' claims, and because they properly served Iran under
B. Liability
The private right of action in the FSIA terrorism exception provides that a foreign government is liable to a U.S. citizen "for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act." 28 U.S.C. § 1605A(a)(1), (c). As a result, "a plaintiff that offers proof sufficient to establish a waiver of foreign sovereign immunity under § 1605A(a) has also established entitlement to relief as a matter of federal law" if *50the plaintiff is a citizen of the United States. Fritz ,
Plaintiffs are citizens of the United States. And citizens are U.S. nationals for the purposes of the FSIA. 28 U.S.C. § 1605A(h)(5) ;
V. Conclusion
For all of the above reasons, it is hereby ORDERED that Plaintiffs' Motions for Default Judgment (ECF Nos. 27, 32) are GRANTED . The Court will grant Plaintiffs' Joint Motion to Appoint a Special Master (ECF No. 41) in a separate order.
SO ORDERED.
Plaintiffs also sued, and later dismissed, al-Sadr as an individual defendant. ECF No. 47.
Because Plaintiffs amended their complaint after service was complete, the Court ordered them to address whether they were required to re-serve Iran with their amended complaint. See July 25, 2018 Minute Order. The Court is satisfied that Plaintiffs did not need to re-serve Iran with the amended complaint because their amendments were not substantial and Iran was on notice of the allegations against it. See ECF No. 30 at 2-3; see also Blais v. Islamic Republic of Iran ,
In 1984, the State Department designated Iran as a state sponsor of terrorism. See State Sponsors of Terrorism, U.S. Dep't of State, https://www.state.gov/state-sponsors-of-terrorism/ (last visited May 24, 2019).
Citations to the February hearing are to a rough draft of the transcript, since no final transcript is yet available. Discrepancies may exist between page numbers in the rough draft and the final transcript. The final transcript will be posted on the docket when available.
Courts may "judicially notice a fact that is not subject to reasonable dispute because it ... can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b). Under this Rule, the Court may take judicial notice of evidence presented in prior FSIA proceedings. Rimkus v. Islamic Republic of Iran ,
El-Maadawy, Mohamed, and Frost were U.S. citizens at that time, and their Plaintiff-family members are all now U.S. citizens. Rough Tr. Feb. 12 at 142-43 (El-Maadawy); Rough Tr. Feb. 13 at 9 (Mohamed); Rough Tr. Feb. 13 at 7-8 (Frost); ECF No. 28-1, Declaration of Waiel El-Maadawy, ¶ 4; ECF No. 28-3, Declaration of Amr Mohamed, ¶ 2; ECF No. 28-8, Declaration of Tammie Frost, ¶ 3; ECF No. 28-8, Declaration of Amanda Frost, ¶ 3; ECF No. 28-8, Declaration of Crystal Frost, ¶ 3; ECF No. 28-8, Declaration of M.F., ¶ 3; ECF No. 28-9, Declaration of Zeinab El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of Ihab El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of Mohammed El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of Mustafa El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of Tamer El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of Latasha El-Maadawy, ¶ 3; ECF No. 28-9, Declaration of BilQis Aidara Adjei, ¶ 3; ECF No. 32-2, Declaration of Brenda Mohamed, ¶ 3; ECF No. 32-3, Declaration of Lori Wendel, ¶ 3; ECF No. 32-4, Declaration of Megan Martin, ¶ 3; ECF No. 32-5, Declaration of Drew Rowe, ¶ 3. Latasha El-Maadawy is the mother of Plaintiffs A.G., M.E., and G.E., the latter two of whom are her biological children with Waiel El-Maadawy. Although Latasha El-Maadawy asserts only her own U.S. citizenship, the Court accepts this as satisfactory evidence that her children are also U.S. citizens.
Both El-Maadawy and Mohamed testified that during their interrogations, their captors told them directly that they were members of Saraya al-Salam and that they had received training and weapons from Iran. See Rough Tr. Feb. 12 at 201 (El-Maadawy); Rough Tr. Feb. 13 at 28 (Mohamed). The Court need not decide whether these statements are admissible under the Federal Rules of Evidence for purposes of this proceeding. In light of the other evidence in the record, the Court need not-and does not-rely on them for any purpose, including to conclude that Saraya al-Salam kidnapped the three men. Plaintiffs offered ample other evidence of that. The flags of both Saraya al-Salam and Iran were present in various buildings in which they were held. Rough Tr. Feb. 12 at 184 (El-Maadawy); Rough Tr. Feb. 13 at 23-24 (Mohamed). Pictures of al-Sadr were prominently displayed in those same buildings, and another photo of al-Sadr appeared on the phone of one of their kidnappers. Rough Tr. Feb. 12 at 179, 184 (El-Maadawy); Rough Tr. Feb. 13 at 24 (Mohamed). The men were forced to record a video thanking al-Sadr for their impending release. Rough Tr. Feb. 12 at 201-03 (El-Maadawy); Rough Tr. Feb. 13 at 42 (Mohamed). And Saraya al-Salam was the only group that exercised control over Sadr City at the time. Rough Tr. Feb. 12 at 104 (Bowen); see also Rough Tr. Feb. 13 at 26 (Mohamed).
The jockeying between Iran and other parties to the JCPOA did not end on the day it was implemented. Rather, the agreement contemplated that disputes and compliance questions would arise, such that Iran would have opportunities to use the leverage that Bowen described well after that date. See Joint Comprehensive Plan of Action ¶¶ 36-37 (July 14, 2015), available at https://2009-2017.state.gov/documents/organization/245317.pdf.
During the hearing, Plaintiffs moved to admit Director Clapper's testimony under the public records exception to the rule against hearsay, and afterward, submitted an affidavit by Bowen in support of their motion. See ECF No. 49. The Court need not resolve whether this testimony is admissible under this or any other theory, though; it is recounted here solely because it helped form the basis for Bowen's expert opinion. See Owens ,
Reference
- Full Case Name
- Tammie FROST v. ISLAMIC REPUBLIC OF IRAN
- Cited By
- 24 cases
- Status
- Published