Sunday, July 02, 2006

2,500 Year Old Clay Tablets


US Federal Judge Blanche M. Manning, a Clinton appointee based in Chicago, came to my attention last summer when she sided with the ACLU in issuing the order preventing the Department of Defense from allowing the Boy Scouts to use a military base for their annual Jamboree.

Her 2006 encore is a decision that Persian antiquities on loan to the University of Chicago since the 1930’s can be confiscated for auction sale, to compensate relatives of American victims of a Hamas suicide bombing in Israel. The key reason stated is that representatives of the Iranian government did not show up in her courtroom to object.
Persian Artifacts, Victims of Political Crisis: Arguing that Iran was also responsible for the bombing because of its support from Hamas, Starchman asked the Federal Court to confiscate Iran’s assets in the US, including its ancient artifacts in Chicago University, as compensation to the families of the victims. When Iran did not show up in court, the judge ruled for the plaintiffs by default, awarding them damages of $423.5 million.
Attorneys for the University defend the absence of Iran saying they “were gun-shy because of bad experiences with the American legal system”. I fully believe the Islamic Theocracy in Iran is a danger to America and even appreciate a reluctance to deal with our Federal Courts because of the erratic and unprincipled decisions of late. Still, I’m not convinced that museum objects on loan from pre-terrorist regimes should be counted with cash and financial instruments when seizing assets for victim compensation. The Mullah’s aren’t very happy either.
Iran Threatens Retaliation: "If America lays claim to Iranian assets to implement some of its courts' rulings, it will face a similar measure from Tehran," Foreign Minister Manuchehr Mottaki told the official IRNA news agency.
The irony is the Judge may have opened a door for direct US-Iran diplomatic talks.
Iran, US In New Cultural Battle: Charles Miller, a spokesman for the US Department of Justice, said, "We are reviewing the courts' ruling". This is while, in several recent cases involving US citizens and foreign nations, the Department of Justice intervened and claimed the national interest is better served if such disputes are resolved through diplomatic negotiations rather than legal suit, an argument revived in the University of Chicago case.
We can’t talk about nuclear bombs or intercontinental missiles or massive financial support for religious murder, but 2,500 year old clay tablets could get both sides to a single table. Well maybe if all parties were rational humans.