P.A., P.L.O lose multi- million dollar terror case

Compiled by Donald H. Harrison

Donald H. Harrison
Donald H. Harrison

A U.S. District Court jury in New York City on Monday, Feb. 23, awarded ten American families in an Anti-Terrorism suit $218.5 million in damages against the Palestinian Authority and the Palestinian Liberation Organization for their roles in terror attacks in Israel between 2002 and 2004.  That amount could triple to $655.5 million under provisions of the Antiterrorism and Effective Death Penalty Act of 1996.

The jury award in the seventh week of an emotional trial stemmed from the second Intifada.  The plaintiffs were represented by Kent A. Yalowitz and Nitsana Darshan-Leitner of the Shurat Ha Din Israel Law Center.  After the verdict came in, Shurat Ha Din announced the result on its website, saying:

Both the PA and PLO were just found liable by a unanimous New York jury for all six terror attacks in the Sokolow v. PA case, and under every theory of liability. The PA and PLO were found to have knowingly provided the terrorist perpetrators with material support and resources. Additionally, those terrorist perpetrators who were PA employees were found to have been working within the course and scope of their employment. The jury awarded the plaintiffs, who are all United States citizens, $218.5 million dollars, which will be tripled under the Anti-terrorism act! Amazing victory for these deserving victims and against evil!

Prior to the verdict, the Law Center had posted this message:

The Palestinian Authority (PA) could face $1 billion in damages to the victims’ families and survivors of the attacks if jurors find that it, along with the Palestine Liberation Organization and its branches, encouraged its people to carry out attacks on Israeli civilians. The attacks took place between 2001-04 and include shooting attacks on public streets and bombings targeting buses and a Hebrew University cafeteria.

During six weeks of testimony, jurors saw internal PA documents which detailed payments to terrorists being held in Israeli prisons, and to families of terrorists killed carrying out attacks. In closing arguments Thursday, defense attorney Mark Rochon reiterated the PA’s claim that the terrorists acted on their own. Payments to the families were meant to provide support for those suddenly left without the breadwinner’s income.

For those in prison, the payments increased based upon the length of sentence. That support still flows today.

Kent Yalowitz, who represents the American victims, argued that the PA’s documents show that the violence was sanctioned at the highest levels.

“Where are the documents punishing employees for killing people? We don’t have anything like that in this case,” Yalowitz said.

What they do have are documents detailing the payments to the terrorists and their families containing hand-written notes of approval by longtime PLO Chairman and then PA President Yasser Arafat. In addition, a 2002 report about West Bank operations sent to the PA’s General Intelligence Service chief praised one squad for its “high quality successful attacks.”

The squad’s “men are very close to us (i.e. to the General Intelligence) and maintain with us continuous coordination and contacts,” the report said. Some of the attacks at issue were carried out by Fatah, the PLO’s armed wing, or the Al Aqsa Martyrs Brigade. Records show those groups ultimately were part of the same hierarchy controlled by Arafat until his death in 2004.

The lawsuit, Sokolow v. PLO, was brought under the Anti-Terrorism Act. The plaintiffs asked for a judgment of $350 million, but that could be tripled under the law’s provisions because terrorist acts were at issue.

The prospect of such a huge judgment isn’t the Palestinian Authority’s only worry. A judgment against the PA “threatens to undermine Palestinian efforts to rally international support for a brewing battle at the International Criminal Court in The Hague,” according to an Associated Press report.

It cited multiple PA officials who acknowledged anxiety over the jury’s deliberations.

Pray for justice for the terror victims. Pray for a strong message to those who support terror and pay terrorists.

According to the New York Times, one of the plaintiffs in the suit was Robert Coulter, whose daughter Janis was killed in the bombing of the cafeteria at Hebrew University.

That was the same explosion that killed Marla Bennett of San Diego, whose family was not among the ten plaintiffs.  Her mother, Linda Bennett, told San Diego Jewish World that on advice of her attorney, she could not comment on that case or any related court actions.

There were comments from various Jewish organizations, including the Anti-Defamation League (ADL) and the American Jewish Committee (AJC).

ADL’s National Director Abraham Foxman said “We are gratified that the U.S. juidical process provided a venue to hold the Palestinian Authority and the Palestinian Liberation Organization accountable for the heinous acts of terrorism they incited, promoted, financed and carried out against the victims.  While no amount of money can compensate for the loss of life and injuries resulting from the acts of terror carried out against Jewish victims by or on behalf of the formal bodies representing the Palestinians, the defendants had every opportunity to convince the jury they should not be held responsible.  The jury simply did not believe them.”

AJC’s Executive Director David Harris said: “Perpetrators of terrorism and their sponsors must be held accountable.  Though the legal process took a long time, the victims’ families have finally seen justice in the admirable, reasonable decision of the jury in a federal court in New York.”

At the U.S. State Department, spokeswoman Jen Psaki met with the media before she could be briefed on the outcome of the trial, telling a reporter who asked for a comment, “I can check with our team and see if we have a comment for you.”

The reporter asked whether the U.S. was concerned that the Palestinian Authority might collapse under the weight of its current financial troubles and this award.  Was the United States taking any steps to avoid the P.A.’s collapse?

Psaki responded: “Well we’ve consistently engaged with key stakeholders at a range of levels, including the Israelis, the Palestinians, the EU, UN, Russians, the Arab League, and others over the past two weeks.  We will continue to do so and that is certainly ongoing.

Asked about Israel having cut off payments from tax collections to the Palestinian Authority and more recently cutting off electricity because the P.A. has not paid its bills, Psaki said:  “We’ve seen those reports. We’re concerned about the impact on the ground of any cut to basic services, including electricity.  We remain very concerned about the viability of the Palestinian Authority if they do not receive funds soon, either in terms of the resumption of monthly Israeli transfers of Palestinian tax revenues or additional donor assistance.”

The Palestinian Authority, expressing disappointment over the jury award, indicated that it will appeal the judgment.

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The Jewish American Citizen
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Executive Branch

STATE DEPARTMENT TRAVEL– The State Department announced: “Under Secretary of State for Political Affairs Wendy R. Sherman will deliver remarks at the Carnegie Endowment for International Peace in Washington, D.C., on Friday, February 27 at 10:00 a.m. This year marks the 70th anniversary of the end of World War II. Following up on her recent visit to Beijing, Seoul, and Tokyo, Under Secretary Sherman will speak about how the United States, in the years since WWII, has worked with partners and allies in Asia to build a peaceful, prosperous regional order, and how, together, we can modernize that order to last another seven decades.” … Additionally,  “Deputy Secretary of State Antony Blinken will travel next week to France, Switzerland, the United Kingdom, Germany, and Ukraine to meet with a wide range of government officials and non-governmental experts to discuss key political, economic, and security issues. On March 2, Deputy Secretary Blinken will meet with senior government officials in Paris to continue close coordination with France on our shared regional and global priorities, including the conflict in Ukraine and countering violent extremism. He will also meet with members of civil society and the religious community in Paris to discuss interfaith and social inclusion issues. Deputy Secretary Blinken will then travel to Geneva on March 3 to deliver remarks at the UN Human Rights Council. During this session, the United States will continue to work with other members of the Council to advance the dignity, human rights, and fundamental freedoms of individuals around the world. He will then travel to London and will meet with senior UK government officials on March 4 to discuss ongoing cooperation on a wide range of bilateral, regional, and global issues, including the crisis in Ukraine and counter-ISIL coordination. In Berlin on March 5, Deputy Secretary Blinken will meet senior German officials to discuss a broad range of bilateral, regional, and global issues. He will also give public remarks on transatlantic cooperation and the crisis in Ukraine, an effort in which Germany is an essential partner. Deputy Secretary Blinken’s final stop will be in Kyiv on March 6 to meet with senior government officials and civil society representatives. Deputy Secretary Blinken’s visit to Ukraine reinforces the United States’ steadfast support for Ukraine in the face of continuing Russian aggression.” …


U.S. Senate

IMMIGRATION–U.S. Senator Richard Blumenthal (D-Connecticut) issued the following statement on Monday, Feb. 23, regarding the Department of Justice appeal of the federal trial court order blocking President Obama’s immigration directives: “I applaud the Department of Justice’s action today swiftly appealing the deeply flawed and destructively wrong federal trial court order blocking President Obama’s immigration directives. The trial court decision was misguided both legally and factually, rooted in bias, and I am confident that it will be decisively reversed on appeal. I have spoken to families across Connecticut who were dismayed and disturbed by the ruling—whose loved ones must now continue to wait in legal limbo, under constant fear of deportation. The President’s actions are well within his authority, and will bolster the American economy, create jobs at home, end the exploitation of powerless undocumented workers and make us all safer by bringing millions of immigrants out of the shadows. Any further delay in implementing these directives harms us all.”

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CONSUMPTION TAX — Democratic U.S. Sen. Ben Cardin  meeting with constituents in Maryland, explained his proposal to rewrite the tax code to shift from dependence on an income tax to utilization of a consumption tax. “My tax reform legislation would eliminate income tax liability for most Americans and would reduce the corporate income tax rate to one of the lowest among industrialized nations,” he said. “Rather than taxing income, my progressive consumption tax proposal generates reasonable revenue by taxing the purchase of goods and services. It encourages savings and is designed to be at least as progressive as today’s tax system. Low- and middle-income families would be protected from unfair consumption taxation through a rebate, and important benefits would be retained in a much simpler income tax code.”
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HEROIN– In response to the growing use of heroin and fentanyl-laced heroin branded as “China White,” U.S. Senator Charles E. Schumer (D-New York) called on the Senate to reject President Obama’s proposed cuts to a “critical drug trafficking program,” and instead called for a $100 million increase in such funding. Schumer said that while heroin on its own has wreaked havoc on New York City, there is an even more potent and deadly form of heroin, often marketed as “China White,” that is laced with the powerful opioid fentanyl. “China White” and other fentanyl-laced heroin are now being marketed and sold in areas across the country, including Connecticut and New York. According to the New York City Department of Health, heroin overdose deaths doubled each year from 2010 to 2013, the most recent data set. Despite these trends, Schumer said that President Obama surprisingly proposed cuts to the federal High Intensity Drug Trafficking Areas (HIDTA) program, which provides key resources to better assess unique drug trafficking patterns forming in the region as well as information sharing between the feds, NYPD, local law enforcement, state and local public health officials. The President’s budget proposal would cut HIDTA funding from $245 million to $193 million, which Schumer made clear that he strongly opposes.
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House of Representatives
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VENEZUELA– U.S. Rep. Eliot Engel (D-New York), Ranking Member of the House Foreign Relations Committee, said:  “In recent days, I have become increasingly concerned by a series of troubling developments in Venezuela. From the continued imprisonment and human rights violations committed against political prisoner Leopoldo Lopez to the detention of Caracas Metropolitan Mayor Antonio Ledezma to the absurd allegations of coup plotting aimed at the United States, it is clearer than ever that Venezuelan President Nicolas Maduro continues to look for any excuse to blame his country’s woes on others rather than look for real, practical solutions to these problems. Disrespecting the human rights of Venezuela’s citizens and failing to abide by the spirit of the Inter-American Democratic Charter will not solve Venezuela’s political and economic crisis. I call on President Maduro to respect the human rights of each and every Venezuelan and to create a mechanism for peaceful dialogue with the country’s opposition. And, I urge leaders from all Organization of American States member states to join in calling for an end to the Maduro government’s abuses and unfounded allegations.”

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STUDENT VETERANS — U.S. Rep. Lois Frankel (D-Florida) met  Monday, Feb. 23, with student veterans attending Palm Beach State College to hear directly about the challenges they face in adjusting to being in the classroom after serving on the battlefield.  She spoke with the group about her work to establish Veteran Student Centers to help ease the burdens during this transition. “The men and women who risk their lives for our freedom deserve to succeed in the classroom and the workplace,” said Frankel. “Today I heard from student veterans about the importance of resource centers to provide the help they need.” Often student veterans face unique challenges when enrolling in college. Some have been away from school for long periods, are older than their peers, have families to support, or struggle with service-related disabilities. These hurdles often lead talented veterans to drop out of school before graduating and limit potential job opportunities.

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RETIREMENT — U.S. Rep. Jared Polis (D-Colorado), Ranking Member of the House Health, Employment, Labor, and Pensions Subcommittee, issued the following statement after President Obama directed the Department of Labor to move forward with a proposed rulemaking to protect families from bad retirement advice by requiring retirement advisers to abide by a “fiduciary” standard: “As our economy and the middle class continue to recover after the devastating effects of the Great Recession, families are fighting to grow and re-grow their nest eggs and build retirement security. It is critical for families to have affordable access to honest, straightforward financial advice as they make important saving and investment decisions. I look forward to carefully reviewing the Department of Labor’s proposed rule regarding retirement savings to ensure that it will offer middle-class families reliable and truthful information, without the unintended consequence of draining their savings to pay for advice.”

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HOMELAND SECURITY BUDGET–U.S. Rep. Debbie Wasserman Schultz (D-Florida) met with union and non-union workers of the Transportation Safety Administration (TSA) in Florida to hear their concerns as Congress lurches toward a shutdown of the Department of Homeland Security (DHS). Fort Lauderdale-Hollywood International Airport hosted the dialogue between the Congresswoman and the employees of the TSA, which is a division of the DHS. “It is unacceptable that Republican leaders in the House and Senate would not only play games with our national security, but also put the financial security of DHS workers and their families in jeopardy,” said Rep. Wasserman Schultz, who also is chair of the national Democratic party.  “Hearing directly from these hard-working men and women reinforces what I and my Democratic colleagues have expressed time and again to Republican leadership – pass a clean bill to fund the Department of Homeland Security. Standing on their political soapboxes might feel like the right thing to do for their base, but Republicans need to know their actions have real consequences on American workers,” she said  In New York State, Democratic U.S. Rep. Nita Lowey and local officials of Rockland County held a news conference to stress the impact of failing to pass a budget could have on railroad safety emergency workers in the Lower Hudson Valley. “Playing politics with Americans’ security is a dangerous game,” she said. “Recent and very public rail accidents have highlighted how an inadequate Homeland Security funding bill would have serious consequences for our local emergency personnel who would respond to a catastrophic railway accident. It is time to end this charade, and pass the clean DHS funding bill that I introduced last week in the House of Representatives.”
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Political Parties

SUPPORT FOR ISRAEL –The Republican Jewish Coalition trumpeted a Gallup Poll which indicates support for Israel is climbing among Republican voters, while declining among Democratic voters.  Eighty-three percent of Republican voters support Israel, compared to 48 percent of the Democrats– a 10 percent decline from a year ago for the Democrats.  Said Matt Brooks, the RJC executive director: “Israel is a country that needs our bipartisan support. At a time when Israel is facing threats on all sides it is very troubling that less than a majority of Democrats support Israel. This downward trend of Democrat support for Israel should be of real concern.”
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Interest Groups

NETANYAHU SPEECH–The executive committee of the Zionist Organization of America said it has voted unanimously to support Prime Minister Benjamin Netanyahu’s speech March 3 to a joint session of Congress, notwithstanding the opposition from the Obama administration.  A statement said Netanyahu would be addressing “issues of critical importance to the US, Israel, and the world, namely radical Islamic-terrorism and the Iran nuclear threat.”  The statement, signed by Morton A. Klein, Dr. Michael Goldblatt, Irwin Hochberg, Dr. Alan A. Mazurek, Henry Schwartz, and Michael Orbach–continued: “The New York Times has noted that Prime Minister Netanyahu did not accept the invitation until after President Obama was informed of the invitation. Even during these negotiations with Iran the Supreme Leader of Iran, Ayatollah Khamenei, has called for the destruction of America and Israel, while repeatedly calling America the ‘Great Satan.’ Several months ago the Iran Defense Ministry publicly called the US Iran’s #1 enemy, while Iranian Leader Khamenei called America an ‘enemy who smiles.’The Intercontinental Ballistic Missiles (ICBM’s) that Iran is vigorously working on will be capable of reaching America within the next 12 months. The ICBM’s have one purpose -to carry unconventional weapons including nuclear weapons. It is of critical importance that the US Congress and the American people hear what Prime Minister Netanyahu has to say about stopping this frightening threat to the US, Israel, and the world. After all, Israeli Prime Minister Netanyahu has studied and analyzed this issue more than anyone since Israel is more directly threatened by Iran than any other country.”

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Items about Jewish women in Congress are sponsored by Laura Galinson in memory of her father, Murray Galinson.

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Harrison is editor of San Diego Jewish World.  Your signed comment may be posted in the space provided below or sent to donald.harrison@sdjewishworld.com

 

 

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