Page Date: 7/15/05
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A New Twist in The
Case Against Karzai?

(Kabul) 7/15/2005-Just when you thought things were complicated, it appears to get worse.  New information uncovered shows what is both a shocking revelation and a strange twist.  It was widely thought that Hamid Karzai ordered the operation against Jack Idema, Task Force Saber, and the Northern Alliance.  Hamid Karzai did not even know Idema was arrested until after he missed his appointment with the president the following day at the palace.  The arrest order came from Ahmad Ali Jalali - A US CITIZEN.  Jalali is a former Voice of America employee, and former translator for FOX News.  He left his VOA job as a low-level Pashto Bureau staff member to become the Minister of Interior.  Prior to that appointment, Jalali had spoken at several events and written an article about how America's allies, Massoud's Northern Alliance, were communist warlords "and must be stopped at all costs," according to Jalali.

Lutfullah Mashal rounds out the team as a former translator and fixer for journalists during the 2001/2002 war who used to deliver bribes to Taliban officials for FOX News.  Guess who his supervisor was?  Colonel Joe Cafasso, the phony Colonel fired from FOX News after he was exposed by the NY Times as a fraud who had been in the Army on 44 days. 

It is now known to be fact, that Cafasso called Mashal in June 2004 and told Mashal that he was working for the CIA and requested that Mashal have Jalali's anti-Northern Alliance force arrest Jack Idema and his Massoud bodyguards.  Jalali and Mashal agreed to discredit Qanooni and Fahim and to disrupt Qanooni's bid for president.  Had Qanooni been elected, both Jalali and Mashal, two former journalists now running the security of a country still at war, would have been fired.

More on this will follow as information develops and is released by Idema's attorneys.

Zalmay Khalilzad
The Case Against Him

Constitutional Violations Relating to Unlawful Search & Seizure, Theft, Complicity in Torture, Subverting Human Rights Violations, Conspiracy to Conceal Torture and Human Rights Abuses, Alien Tort Claims Act

The venerable doctrine of respondeat superior makes Khalilzad liable for all of the acts of those DOS officers under his control.  Because the right to be free from official conduct in contravention of the Fourth Amendment, and all other rights guaranteed by the Bill of Rights, is a federally protected interest, Khalilzad has already seen himself dragged into federal court in Washington DC because that stack of mail in the top graphic didn't stop making the loop from Task Force Saber/7 to the FBI to the US Consul and back again.

John Edwards Tiffany, Esquire, is very much involved in cases involving National Security interests.  A native New Yorker, he lost friends in on 9/11.  Because Tiffany practices law in New York and New Jersey he is sure to be involved in any cases there as evidenced by his filing of the habeas corpus case against Ambassador Khalilzad and the Director of the FBI as lead counsel.

It is unclear as to whether or not John Tiffany will be the only lawyer representing Jack and the men of Task Force Saber/7 on this particular case, but more lawyers can be expected because its complexity. Some
of those might include:

Two other lawyers that might be involved are; John Doe, Esquire #1, a former US Military Staff Judge Advocate General.  This US Army Colonel specializes in UCMJ, federal court cases, international law, and Geneva Convention cases.  As explained on the Lawyers, Guns, and Money page, his identity is being closely guarded at this time, but it is known that he has extensive experience military law.

The other is John Doe, Esquire #2, another former United States Military Staff Judge Advocate General.  This US Army general officer specializes in UCMJ, federal court cases, international law, Geneva Convention cases, and war crimes.  His identity is also being closely guarded at this time.  With a military law background, and experience with Courts Martial boards and War Crimes Tribunals he may also end up on this case .

Hamid Karzai, et al
The Case Against Them

Breaking News- July 20, 2005:

The Karzai suit was not filed and is apparently being re-directed based on new information uncovered by the defense which shows that former journalists Ahmad Ali Jalali and Lutfullah Mashal were the ones that actually orchestrated the arrest, torture, and conviction of Task Force Saber 7 without President Karzai knowing.  More information is being sought.

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

J. K. Idema, Brent Bennett,
Edward Caraballo, Zorro Rasuli
Banderas, Ezmerai Amin, Amanullah
Abdulrahimzai, Mohammed Saboor,
John Does 1-12, and
The Counter-Terrorist Group,

Vs.

Islamic State of Afghanistan,
Islamic Transitional State of Afghanistan,
The Afghanistan National Directorate of Security,
Ahmad Ali Jalali, Lutfullah Mashal,
Amrullah Saleh,Abdul Baset Bakhtyari,
Mohammed Nahim Dawari,
Mohammed Sidiq, “Mudafea,”
Five Unnamed Agents of the Afghan Government,
and, the United States Federal Bureau of Investigation,
In their official and unofficial capacities,
both individually and personally,
jointly and severely,

                            Defendants.

COMPLAINT

Plaintiffs, as set forth above, hereby sue defendants, as follows;

1.               This complaint is for violations of Article 14 of the International Covenant on Civil and Political Rights, the United Nations Universal Declaration of Human Rights, and the 1949 Geneva Convention relative to both Combatants and Non-Combatants in time of war.  The United States of America, and the government of Afghanistan are both signatories to those three aforementioned agreements and/or conventions.

2.               This Complaint is also for violations of the Afghanistan Interim Criminal Code for Courts, the Afghan Penal Code, and the Status of Forces Agreement between the United States and Afghanistan.  It should be noted that although no formal Status of Forces Agreement (SOFA) exists by that name, and the U.S. has denied the existence of a SOFA to international monitoring organizations, such as the Red Cross, an agreement does exist relative to U.S. combatants in Afghanistan, which includes U.S. citizens operating with resistance forces such as Commander Ahmad Shah Massoud’s United Front Military Forces (more popularly known as the “Northern Alliance”).  It is this agreement, signed in September, October, and updated in November 2001, in Khoja-Bahaudeen, and the Panshir, to which this complaint refers to as the “Letter of Agreement” awarding status to both military, para-military, and civilian forces operating against the Taliban and al-Qaida terrorists.  That agreement will not be explained in detail because it remains a classified document under U.S. Law.

3.               This complaint also includes causes of action for torture, physical abuse, physical threats, psychological abuse, and intended starvation, more fully outlined below, and which violated the Geneva Convention on Human Rights and the other agreements mentioned above, to which the defendants were bound.

4.               Violations of Afghan law, such as the violations of the Afghan Government Interim Criminal Code are included in this complaint.  The Afghan government assured the United States they would abide by those laws in order to obtain financial support from the United States and the international community.  Based on those Afghan government assurances, which the United States relied upon to they obtained financial support and were awarded U.S. tax dollars for reconstruction, security, education, and equipment.  As one extremely minor example of this– U.S. taxpayers provided the handcuffs and training which was used to torture the plaintiffs.

5.               Claims against the United States (as named as a co-conspirator related to the five unnamed agents), and the Federal Bureau of Investigation for torture and wrongful prosecution of Amin and Banderas; for the wrongful death of Sherzaman Abdulrahimzai; and for wrongful injury to person of Mohammad Saboor, are brought under the Alien Tort Claims Act on behalf of the Afghan citizen plaintiffs.

The balance of this Complaint is not yet available and cannot be posted until it has been filed in US Federal Court and available on the PACER Court System Docket. 

It will be posted here on the day of filing.  However, Jack's Docket does give a fairly good look at what the case is about and what Karzai and the other defendants are expected to be sued for. 

Now that new information about Ali Jalali and Lutfullah Mashal has surfaced it will be interesting to see how this part of the case changes and if it will take a new direction.  One thing is clear, if Jalali turns out to the one solely responsible for the illegal arrest, it could mean big trouble for the FBI, FOX News, and several others, and get Karzai off the hook.

Click Here to Read More about the Geneva Convention and the POW Status Legal Brief Jack and his men filed with the Geneva Convention CIB.

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