Filmmaker Sues U.S. Over Iraq Detention

L. A Times ^ | 8 JULY 2006 | Henry Weinstein,

[radar101]

A Los Angeles filmmaker who was imprisoned in Iraq for 55 days sued Secretary of Defense Donald Rumsfeld and other high-ranking military officials Friday, alleging that his detention violated his civil rights, the law of nations and the Geneva Convention.

Mark D. Rosenbaum, legal director of the ACLU of Southern California, said the suit is the first civil action challenging the constitutionality of the U.S. government's detention and hearing policies in Iraq.

Cyrus Kar, 45, of Los Feliz was freed a year ago, just days after the American Civil Liberties Union sued seeking his release. The new lawsuit, filed in federal court in Los Angeles, seeks damages for Kar and broad changes in the government's detention policies.

Kar, a U.S. citizen and Navy veteran, went to Iraq 14 months ago to make a documentary film about Cyrus the Great, the Persian king who wrote the world's first human rights charter.

On May 17, 2005, the taxi he was riding in was stopped at a Baghdad checkpoint and authorities found components in the trunk that are commonly used in improvised explosive devices. The taxi driver told military authorities that Kar and his cameraman knew nothing about the items, which the driver said he was bringing to his brother-in-law

[SkyPilot]

Kar, a U.S. citizen and Navy veteran, went to Iraq 14 months ago to make a documentary film about Cyrus the Great, the Persian king who wrote the world's first human rights charter.

Sure he did.

[radar101]

Henry Weinstein....................................... http://patterico.com/2006/06/24/4766/la-times-thug-henry-weinstein-repeats-vicious-slanders-against-federal-judge-for-the-umpteenth-time/................................. Back in June 2004, I laid out extensive evidence that L.A. Times staff writer Henry Weinstein never, ever passes up an opportunity to repeat the nasty and false things that Stephen Yagman has said about Judge William D. Keller, for whom I clerked from 1995 to 1996......................... Read the post for the details. Suffice it to say that Yagman said plenty of nasty things about Judge Keller. All were untrue. Yagman has since apologized. Yet Henry Weinstein never tires of repeating these defamatory statements...................................... By my count, The Times, virtually always in articles by Weinstein, repeated Yagman’s vicious slanders against Judge Keller sixteen times over the course of five years. It didn’t matter that the falsehoods were frequently irrelevant to the story. It didn’t matter that Yagman, hardly a guy prone to glib contrition, later apologized to Keller for the slanders. Most fundamentally, it didn’t matter that Yagman never produced evidence for outrageous statements such as his accusation that Keller was “drunk on the bench.” ...................................................... Weinstein just likes repeating Yagman’s smears, because he doesn’t like Judge Keller. So, with the utter arrogance characteristic of journalists drunk on their own power, Weinstein repeated the spurious charges — again, and again, and again, and again, and again.................... Read through the block quotes in the post linked above. They are all set out — all sixteen of them — by date. Just scan them quickly. You’ll see what I mean. This thug Weinstein just absolutely revels in the opportunity to take a shot at Judge Keller — every chance he gets.

[Jacquerie]

Absent second, third or forth party verification I don't believe a word of this. Thanks old media, your frequent and repeated lies and distortions have made me cynical and disbelieving of any story that advances the "US is terrible" story line.

[Jack Hammer]

No wonder Cyrus conquered the Medes - he had explosives; maybe he had AK47s, too. Anyway, the stuff in the trunk was probably just a load of props for the documentary.

[Michael.SF.]

Kar, went to Iraq 14 months ago to make a documentary film about Cyrus the Great,

Talk about timing, it's not like he had to rush over there to interview Cyrus or anything.

[Defiant]

Actually, the guy was legit, he was detained and held for a long time without any evidence he had done anything, and actually is a pro-American US citizen of Iranian origin. The reason he was held: He had a camera with him. The reason he was released: When his family complained, the authorities looked at it, they saw he had done nothing, and finally let him go.

If it was me, I'd want something for the time I spent wrongly imprisoned. If I had done something that gave an army reason to hold me indefinitely, even if I was innocent, I'd just say, hey, that's war, but from what I can tell, they should have released this guy as soon as his story checked out, and they continued to hold him. You think that time in the Iraqi slammer was a picnic for him? I doubt it very much.

[x1stcav]

OK, he gets damages for the time detained etc. In return, he agrees to forfiet any book rights, movie residuals, or other income resulting from his 'experiences', which our military thoughtfully provided him.

[Defiant]

In return, he agrees to forfiet any book rights, movie residuals, or other income resulting from his 'experiences', which our military thoughtfully provided him.

Why would you suggest that he should compromise his rights in any way? Would you expect the same treatment of Michael Yon if he got accidentally caught up in a sweep in Iraq, and someone stupidly refused to release him for 55 days? Or is your basis for not supporting this case the fact that this guy is Iranian-American?

I do not support his hiring of an ACLU jackass, however. I'd find a pro-American lawyer who comes at it with the attitude that there was a screwup, you owe me money, but you are not evil. The ACLU is only doing this because they are anti-American and want to use this case to embarrass the military.

[Jacquerie]

Actually, the guy was legit, he was detained and held for a long time without any evidence he had done anything, and actually is a pro-American US citizen of Iranian origin.

I'm not buying it. A documentary in a war zone not about the war? Did he have US military/Iraqi cooperation and support? Iran/Iraq were death enemies not too long ago. Do you think it is reasonable to think he was a spy or possibly aiding the insurgents? This "film maker" if that is what he is, is lucky he escaped with his life. If the US military were as cavalier about picking up suspects as you imply, the prison camps would number in the hundreds.

[Deb]

Oh, please...all but two of the 9/11 hijackers were "legit". No one (not even an airhead from L.A.) goes to a war zone to make an historical documentary. I lived in Los Feliz and I know news of the war made it into the local media.

[Rummyfan]

Kar, a U.S. citizen and Navy veteran, went to Iraq 14 months ago to make a documentary film about Cyrus the Great, the Persian king who wrote the world's first human rights charter.

His timing is certainly suspect - or he's really stupid! And Cyrus wrote a 'human rights charter'? Who knew!

[jonascord]

Your post has "The military is always WRONG" as a subtext. Iraq is a war zone. Anyone who doen't know this is either catastrophically stupid or a liberal on a mission. Going there with the excuse that "I was doing research on Cyrus the Great..." is like going to Tokyo in 1944 to film Madame Butterfly, and complaining about the bombing!

"pro-American US citizen of Iranian origin." Here is a hint. An actual American does not need qualifiers to his identity. An American should rate his national extraction right down there with what what street he grew up on. Liberals are the ones who feel driven to hyphenate themselves.

If I had found a taxi with a trunk full of IED parts, I would have shot everyone in the cab, out of hand. It's why I'm not in Iraq.

[Bombard]

Given what has happened to some Westerners in Iraq, he is lucky to be alive. What rights does a US citizen have in a war zone in another country? In my book the military did this guy a favor by holding him out of harms way. Besided Cyrus the Great was a Persian, what was this guy doing in Iraq when he should have been in Iran?

[Defiant]

all but two of the 9/11 hijackers were "legit"

How do you define "legit"? By legit, I meant that he was not a terrorist, and his story, if investigated, would have checked out. You are using the term as meaning "in the US legally". We are talking about two different things. You are also convicting this guy, an American citizen raised here, of being a terrorist based on the following:

1. He is of Iranian origin; and
2. He was found in Iraq.

I expect that kind of logic from John Murtha, when talking about allegations against Marines, but most Freepers are more intelligent than that.

Whether you think it was smart or not for him to be in Iraq, that is why he was there. He wasn't having any trouble in Iraq (lots of Iranians live in Iraq, having migrated there to escape the Mullahs), his trouble occurred when he encountered a US checkpoint. I don't have a problem with the military holding him upon encountering him. However, what they needed to do was check out who he was and confirm that he was not a terrorist. If I remember the details correctly, what they did was, they threw him in the local slammer and ignored him entirely for like a month. Then, when it turned out he was "legit", i.e., not a terrorist, but a film maker who was actually working on a project like he said, then they dragged their feet before finally releasing him.

You won't find anyone here who is more favorable to the military than I am. But they, like any huge organization, can make mistakes, and for mistakes that should not have been made, which can be compensated under our law, I have no problem with someone seeking such compensation.

What I think you need to do is not classify all Iranians as terrorists. The ones in the US are doctors, lawyers, engineers and professionals, they are taking the valedictorian spots in all the LA schools (away from the Asians, I might add) and are the best citizens you could want. You might want to engage brain before pounding the keys.

[Deb]

What a steaming pile. You have no idea what this guy is and yet you completely buy the media/ACLU line that he was just an innocent guy who was in the wrong place at the wrong time.

Comparing me to Murtha shows you're mentally unstable and should probably be in an Iraqi jail your ownself.

[Jameison]

"Mark D. Rosenbaum, legal director of the ACLU of Southern California,"

They shoulda handed him over to Zarqawi, since the ACLU love the guy so much.

[Defiant]

Your post has "The military is always WRONG" as a subtext.

That is an insanely incorrect reading of what I wrote above.

An actual American does not need qualifiers to his identity.

Whaaaa??? He didn't put qualifiers to his identity. I mentioned his ethnicity because it is relevant to the story. I don't know how he describes himself.

He is an American citizen, travelling in Iraq. If you don't agree with him going there, he doesn't give a rats hiney. He is of Iranian origin. He is doing a project that involves travel to the cities of the ancient Persian empire, a topic that is alway interesting to Iranians, who are history buffs and proud of their heritage. He believes it will advance his career. He gets in a cab at a public taxi stand, hits a US checkpoint, and then finds himself in prison for 55 days.

Your Tokyo 1944 analogy is so inapt I won't bother to explain why. Maybe you can figure it out for yourself.

Fortunately, the soldiers at the checkpoint are not criminals, and did not do as you would have, which is execute a passenger in a cab because of suspicion of the cabbie. I don't have any problem with anything they did, except for they threw this guy in the slammer and just left him there, instead of checking it out. Turns out he was right about all he was saying. Not just that they can't prove anything but have their suspicions, but that there is clear proof that he was doing nothing wrong, and was not one of the bad guys. I think a week, maybe two, would have been ok to hold him. Do that, and I say, crap happens in war. But they got a little malicious with him, and that's why he's suing now.

[Defiant]

I don't buy any media line. I read extensively about this case about 6 months or more ago, and came to my own conclusions.

The form of logic you use is similar to that used by Murtha. You may or may not be comparable to Murtha, I don't know you, but I can analyze your words. Your latest reply is even worse than Murtha, he never suggested that people who support the Marines who have been charged should be in jail, but when I opine that this guy was innocent, you come to the conclusion that I should be in an Iraqi jail? Who is mentally unstable?

That this guy is innocent is shown even more by this lawsuit. Government lawyers will climb into all the orifices and cracks of his life. He's confident he's clean, and from what I read about this case way back when, it was pretty clear that he was and that a mistake was made. Mistakes happen, and when they do, you apologize, and, if it is something that should not have happened, for which compensation is legally available, then you maybe pay something for your mistake. This applies to this guy as well as to the person who rams your car in the street, the retailer who wrongly detains a shopper, and even the lawyer who files a case without any legal merit. Perhaps you should consider whether you have made a mistake today and try to rectify it.

[Defiant]

Besided Cyrus the Great was a Persian, what was this guy doing in Iraq

LOL. You really don't know, do you?