Another Debacle
By Tausif Kamal
Houston, TX
Last week, Dr. Ghulam Nabi Fai, Executive Director of Kashmir American Council, a Washington-based Kashmiri lobbying group, was arrested by FBI and charged, along with Mr. Zaheer Ahmed, with participating in a long-term conspiracy to act as unregistered agents of ISI/Pakistan without disclosing their affiliation with the Pakistan Govt. as required by US law.
The complaint filed by the Justice Dept in a Federal Court alleges that defendants Mr. Fai and Mr. Zaheer, both US citizens, violated the Foreign Agents Registration Act (FARA) by failing to register as agents of a foreign entity (Pakistan) and by falsifying, concealing and covering-up material facts they had a duty to disclose.
The intent and purpose of FARA is to ensure that the American Govt. and public know the underlying source of information and identity of persons attempting to influence US policy and laws.
Political lobbying in America, like some other activities, is a regulated and licensed activity, mandating an individual to first register as an agent of the foreign government under FARA and to comply with its requirements before seeking to lobby for and promote the interests of a foreign country in the political and legislative circles of US.
U.S. prosecuting attorney MacBride alleges that Dr Fai's "decade-long scheme had one purpose- to hide Pakistan's involvement behind his efforts to influence the U.S. Government's position on Kashmir". It's stated that Dr. Fai's ISI handlers funneled millions of dollars to Fai's Kashmir American Council (KAC) through a span of many years and that ISI created this KAC and sponsored, directed and controlled the activities of KAC which were kept secret by Dr. Fai and Mr. Zaheer.
FBI further contends that Pakistan/ISI closely directed Dr Fai where and how to spend the money it send to him or his KAC through straw donors, where and when to convene conferences on Kashmir, which US congressmen and politicians and officials to be invited, whom to influence and whom to give contributions to, etc, etc -all instructions to Dr Fai were transmitted via 4,000 pieces of communications, including emails and phone conversations, with at least four named army officers of ISI, including a Major General.
All indications are that it was an ill-conceived operation of ISI, commenced without taking into consideration U.S. laws and the disastrous consequences for the country. Laws in the statute books of America are not mere words on paper: they have meaning and are meant to be enforced. Law-enforcement agencies, especially the Federal Justice Department, are ever vigilant and patiently and relentlessly investigate and gather evidence when laws are being broken and crimes being committed. When enough evidence of a crime has been accumulated to present a solid, ripe case, the Justice Department decides to proceed with the prosecution of the case, no matter who the offending person is.
Political lobbying by various interest groups and foreign governments with the purpose of influencing the Congressmen, Administration officials and other movers and shakers of US policies is not an offense in America, provided it is done in the proper way by complying with the applicable rules and regulations. The capital, Washington DC, is full of lobbyists; in fact its "K" street with its many foreign agents and lobbyists for China, Brazil, Israel, Egypt, Saudi Arabia, UK, France, S. Korea, Japan etc, etc is a derogatory metonym for lobbyists.
All such lobbyists of foreign countries are duly registered pursuant to American law. Why was Dr. Fai asked not to register as a lobbyist under FARA and why it was thought fit to use a non-profit NGO of American to further country's national interest in Kashmir is anybody's guess. Suffice it to say these actions resulted in a double whammy for Pakistan: besmirching the meritorious Kashmiri case and sullying the image of our country in these difficult times.
It's stunning the failure to consult expert American legal counsel for determining the prevailing law pertaining to lobbying prior to the launching of such an operation in the US with Pakistani taxpayers' money. This lapse may have been the result of no-holds-barred, habituated conduct of ISI/Army in operating with impunity in the friendly, fertile fields of Pakistan.
In a broader sense, this episode, like other ones before it, points to the urgency and desirability of bringing the military under the direction and supervision of elected civilian government. With digilent oversight perhaps this fiasco would not have occurred in the disastrous way it did, tattering the country's reputation and making a mockery of the Kashmiri cause.
