Category: U.S. Law

Travel in N. Korea “feels incredibly safe,” says tour company whose customer just got 6 years hard labor.

In a proceeding that took just 90 minutes — about as long as most arraignments I’ve done — North Korea’s “Supreme Court” has sentenced American tourist Matthew Todd Miller to six years of hard labor for “entering the country illegally and trying to commit espionage.” The AP omits the State Department’s easily accessible finding that North Korea’s “judiciary was not independent and did not provide fair trials,” but adds the amusing detail that Miller waived his right to a North Korean lawyer....

On Think Tanks, Propaganda, the Foreign Agents’ Registration Act, and Korea

Washington is a marvelous city for someone like me. Where else could a foreigner, an outsider like myself, do the things I was able to do?                                           – Tongsun Park, to the House Ethics Committee, April 1978 A detailed story in The New York Times, examining grants and gifts by foreign governments to U.S. think tanks — and how those gifts influence scholars (and through...

Senate intel bill would require report on N. Korean gulags

Yonhap points me to S.2741, the Intelligence Authorization Act for Fiscal Year 2015, introduced by Committee Chair Diane Feinstein the day before Congress went into summer recess, and a few days after the House passed H.R. 1771, the North Korea Sanctions Enforcement Act. Section 316 of S.2741 would require the CIA to report to the House and Senate intelligence oversight committees on North Korea’s political prison camps: SEC. 316. REPORT ON POLITICAL PRISON CAMPS IN NORTH KOREA. (a) In General.–The Director...

Yonhap interviews Ed Royce, on H.R. 1771

The day after the North Korea Sanctions Enforcement Act passed the House, Royce gave an interview to Yonhap: “We have tried every approach to engage North Korea and the only time that we’ve ever really had their attention was when we’ve used some leverage on the regime itself,” Royce said in the interview in his office shortly after the bill’s passage on Monday, referring to the BDA sanctions. [….] Royce said that chances of the bill passing through the Senate...

H.R. 1771 passes House of Representatives on a voice vote

Chairman Royce (R, Cal.) and Congressman Gerry Connolly (D, Va.) both spoke strongly in favor. No member was opposed, and no member asked for a vote. The “ayes” had it just after 3 p.m. If there’s any aspect of this that’s bittersweet, it’s that a lot of people who worked hard for this outcome could not be there to see it because the vote was scheduled on such short notice. Here is the version that passed the House today. Now, on...

H.R. 1771 scheduled for a House floor vote on Monday

It’s on the calendar. And while I doubt there will be serious opposition in the House, we’ll need Kim Jong Un’s help to pass the Senate this year. But if not this year, next. Eventually, he’ll do something stupid, and when he does, we’ll be ready. By itself, passage in the House would be a major symbolic victory. No one will ever be able to say there’s no alternative to standing by and watching a nation be slaughtered, strangled, and starved...

Breaking: Royce will make an announcement at Subcommittee hearing today, on H.R. 1771

Once again, I apologize for the short notice. If you’re unable to attend in person, the event will be webcast live at this link. The witnesses will include Greg Scarlatoiu of the Committee for Human Rights in North Korea, Bruce Klingner of the Heritage Foundation, and Grace Jo, a very compelling and articulate young North Korean refugee who speaks fairly good English, and who recently founded the group NK in the U.S.A. The topic will be how to respond to...

Congress funds more broadcasting for N. Korea, online gulags database

If you can stomach some appropriations law this evening, there are a few items in this year’s Appropriations Bill that should be of interest to the OFK readership. As of this hour, both the House and the Senate have passed the bill, and the President is expected to sign it on Saturday. Those of us who were early (and naive) enthusiasts for the North Korean Human Rights Act of 2004 have grown gray and cynical over the last decade, as we watched the...

What’s that? Our fucking plan for North Korea, you ask? It’s called “H.R. 1771”

Update 2, 9/24: So now that I’ve noticed that I was reacting quite strongly to a seven year-old post, recently retweeted by another blogger–but still, sheesh–let me offer my apologies to Mr. Lewis for the tone of my reaction, and my compliments to Robert Gallucci for at least conceding that the old policy didn’t work. Original Post:  You know, Jeffrey, you ask that question with a boldness that seems to presume the absence of a ready answer. If reading the...

A hero, buried in the State Department’s memory hole

In case you were wondering, no, I’m still not over that whole North Korea / state-sponsor-of-terrorism thing.  The Weekly Standard has helped me nurse this old grudge by printing my fisking of the State Department’s latest annual country reports on terrorism.  I’ll give you the first paragraph and let you read the rest on your own: Even after a year of North Korean nuclear and missile tests, this year’s State Department “Country Reports on Terrorism” makes the risible claim that North Korea is “not...

L.A. Times on Litigation Against North Korea

At the L.A. Times, John M. Glionna discusses litigation against North Korea and the efforts of the plaintiffs’ attorneys to find, fix, and seize North Korean assets. Here’s a teaser: “Nobody pays attention unless these nations are held accountable,” said Han Kim, the son of the Chicago minister abducted by North Korea. Meanwhile, plaintiffs’ lawyers continue their hunt for North Korean assets. “I don’t know whether we’ll ever be successful. That’s the sad part,” said Streeter. He said he charged...

Pueblo Plaintiffs Hunt for North Korean Assets in Treasury’s Files

When the survivors of the U.S.S. Pueblo, joined by the widow of their captain, sued North Korea for the horrific torture they endured in 1968, the real question wasn’t whether they were entitled to compensation, it was whether they could ever collect any. North Korea, as it has done with all of the other suits against it in U.S. federal courts, refused to respond to the suit after being duly served at its U.N. mission. Consequently, the court entered a...

Throw the Book at Him

So I will assume that Stephen Kim, the Korean-American State Department contractor who is now being prosecuted for leaking top secret / sensitive compartmentalized information was neither employed by, nor sympathetic to, North Korea given his choice of Fox News as a recipient for his leak of information that might have revealed U.S. intelligence sources in North Korea. And having said that, I really don’t care what Kim’s specific views were, I just want to know if any foreign government...

Kim Jong Il, Call Your Lawyer

I think it’s safe to say that North Korea is going through something of a legal rough patch. Boycotting talks has worked well for North Korea, but boycotting trials, not so much: A state-run North Korean bank has lost a lawsuit for not paying back a loan it borrowed from a Taiwanese bank nine years ago, the New York district court said Friday. The District Court of New York confirmed it ordered the Foreign Trade Bank of Korea to pay...

Plan B Watch: A Shot Across China’s Bow?

Hey, did the State Department threaten the Bank of China and the Bank of Shanghai? Or to put the question more bluntly, did someone just grow a pair? A diplomatic source here said the U.S. will blacklist more North Korean entities and individuals in the coming weeks so that international financial institutions would cut off ties with them. Any foreign banks refusing to sever business ties with the North Korean entities and individuals in question will have U.S. financial institutions...

North Korea Hit with $378M Judgment for 1972 Lod Airport Massacre

I haven’t seen this reported in the news yet, but standing alongside the Pueblo judgment, this creates a basis for American victims of North Korean atrocities to try to collect several hundred million dollars from North Korean accounts and entities in third countries, using international agreements that allow for the reciprocal enforcement of foreign judgments. North Korea was held liable for its role in supporting the Popular Front for the Liberation of Palestine and the Japanese Red Army, which planned...