Thesis: Under the law of United States called the Koby Mandell Act, based on the probative, uncontradicted testimony of Abu Daoud that Mahmoud Abbas paid for the terrorist murder of the Dual-national American-Israeli athlete David Berger at the 1972 Munich Olympics, President Obama must:
1) Bar further entry of Abbas into the United States;
2) Declare Abbas a persona non grata of the United States and cease all diplomatic contacts with him; and
3) Halt all financial and military assistance to the Palestinian Authority (PA) until Abbas is removed from power.
In my article, “Abbas: Paymaster of the 1972 Munich Massacre Terrorists” (/Articles/Article.aspx/13916#.UmWMufmkqp0), I prepared the general evidentiary factual outline from which one can prove Mahmoud Abbas directly paid for the terrorists’ murders of the Israeli athletes in the 1972 Black September Olympic attack. The following article uses that article's evidentiary basis, and the additional material contained herein to support its Koby Mandell Act thesis.
David Mark Berger was born in Cleveland, Ohio, USA on June 24, 1944. Both his parents were American Jews. He graduated from an American high school, an American college, and an American graduate school as an honors student and an NCAA weight-lifting champion. His proud and loving father was once quoted as saying to him, "You may not be the best weight-lifter in the world, but you're certainly the smartest." After visiting Israel, and winning at the Maccabi Games, David Berger married an Israeli, became a dual-national citizen, but did not resign his American citizenship.
In late August,1972, Abu Daoud, the self-admitted mastermind and forward operational control agent of the Munich terrorists, claims Arafat "approved" of the 1972 Munich Olympic attack. And, Daoud also claims Mahmoud Abbas, on behalf of the PLO, paid for the Munich attack (allegedly "without knowing the details"). In early 1972, a similar Black September terrorist group had attempted a failed terrorist attack against a Sabena airplane. So, Abbas was clearly on notice that Daoud would use the funds for terrorist purposes. Daoud also recalled that "Arafat and Abbas both wished him luck and kissed him when he set out about organizing the Munich attack."
On September 4, 1972 in Munich, Daoud had a final send-off dinner with the Palestinian terrorists who then executed Daoud's terrorist plan that was paid in full by Mahmoud Abbas.
In the pre-morning hours of September 5, 1972, David Berger was soundly asleep, as was the rest of the 1972 Israeli Olympic team in the 1972 Olympic Village of Munich, Germany. In the wee hours of the morning, the PLO organization of Black September took the dual-national American-Israeli David Berger, and the 10 other Israelis hostage (one of which was already murdered). That evening in a failed rescue attempt by German authorities, David Berger was killed. The Israeli hostages were originally prematurely reported to be freed alive at 11PM, but at 3AM the next morning, September 6th, the grim truth was reported.
Though David Berger received only two minor, non-life threatening bullet wounds in his legs, he was blown up by the Palestinians' grenades that had been paid for by Mahmoud Abbas. David Berger was 28 when he was murdered by Palestinian terrorists. David Berger would be 69 today.
While the 10 other Israeli athletes were flown to Israel, as a US citizen, Berger was flown back to the United States on an American Air Force jet personally ordered by President Richard Nixon, and buried in his home town of Cleveland, Ohio, USA.
In 2001, eight years after the Oslo "Piece" Accords are signed. Mahmoud Abbas, as paymaster of the PA, now funds terrorists in Judea and Samaria.
Yaakov "Koby" Mandell was a 13 year-old dual national American-Israeli. On May 8, 2001, Koby and his 14 year-old friend went for a hike around his home in Tekoa, Israel and were murdered by Palestinian terrorists. The bodies of the two boys were discovered the next morning in a cave near the northern Judean Desert Israeli town where they lived.
According to the police, both boys had "been bound, stabbed and beaten to death with rocks... The walls of the cave in the Judean Desert were covered with the boys' blood, reportedly smeared there by the killers". It was also reported that "Israel's Channel Two TV said police believed there were at least three assailants who dipped their hands into the boys' blood after the killing and smeared it on the walls of the cave."
Miro Cohen, a sheep rancher, described the scene to Time magazine: "A rock the size of a computer rested on Koby's smashed skull. Both bodies were covered with stones. Blood smeared the walls, and the dirt floor was muddy with it." The bodies were so badly mutilated and disfigured that dental records had to be used for positive identification. (Writer's note: If Muslims barbarically massacre other Muslims, should Jews expect any better treatment from Muslims?)
In response to the Palestinian terrorist murder of Koby Mandell, an American citizen who was also a dual-national Israeli, the US Congress passed and President Bush signed into law what is known as the Koby Mandell Act (the "Koby" Act). The Koby act created an Executive Office of Justice for Victims of Overseas Terrorism (OVOT) in the Department of Justice, and mandated certain required executive actions when Americans were killed by terrorists in foreign jurisdictions.
The Koby Mandell Act, as passed, states as follows:
To create an office within the Department of Justice to undertake certain specific steps to ensure that all American citizens harmed by terrorism overseas receive equal treatment by the United States Government regardless of the terrorists' country of origin or residence, and to ensure that all terrorists involved in such attacks are pursued, prosecuted, and punished with equal vigor, regardless of the terrorists' country of origin or residence.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Koby Mandell Act of 2003'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Numerous American citizens have been murdered or maimed by terrorists around the world, including more than 100 murdered since 1968 in terrorist attacks occurring in Israel or in territories administered by Israel or in territories administered by the Palestinian Authority.
(6) TERRORISTS AS POLICE- The Office shall--
(A) determine if terrorists who have harmed American citizens overseas are serving in their local police or security forces; and
(B) if it is found that terrorists who have harmed American citizens overseas are serving in their local police or security forces--
(i) alert those United States Government agencies involved in providing assistance, directly or indirectly, to those forces; and
(ii) request of those agencies that all such assistance be halted until the aforementioned terrorists are removed from their positions.
(7) PATTERNS OF PROSECUTION- The Office shall--
(A) undertake a comprehensive assessment of the pattern of United States indictments and prosecution of terrorists who have harmed American citizens overseas, in order to determine the reasons for the absence of indictments of terrorists residing in some regions, such as the territories controlled by the Palestinian Authority; and
(B) provide the assessment to the Attorney General and to Congress, together with its recommendations.
(8) MONITORING- The Office shall--
(A) monitor public actions by governments and regimes overseas pertaining to terrorists who have harmed American citizens, such as the naming of schools, streets, or other public institutions or sites after such terrorists; and
(B) in such instances, encourage other United States Government agencies to halt their provision of assistance, directly or indirectly, to those institutions.
(9) COMPENSATION- The Office shall initiate negotiations to secure appropriate financial compensation for American citizens, or the families of such citizens, who were harmed by organizations that claim responsibility for acts of terrorism against Americans overseas and that subsequently become part of a governing regime with which the United States Government maintains diplomatic or other official contacts, such as the Palestinian Authority.
(10) INCARCERATED TERRORISTS- The Office shall--
(A) monitor the incarceration abroad of terrorists who harmed Americans overseas, to ensure that their conditions of incarceration are reasonably similar to conditions of incarceration in the United States; and
(B) in cases where terrorists who have harmed Americans overseas, and are subsequently released from incarceration abroad, are eligible for further prosecution in the United States, coordinate with other Government agencies to seek the transfer of those terrorists to the United States for further prosecution.
(11) PERSONA NON GRATA- The Office shall strive to ensure that all terrorists who have harmed Americans overseas are treated by the United States Government as persona non grata, including steps such as--
(A) denying those individuals visas for entry to the United States;
(B) urging United States Government agencies to refrain from political and diplomatic contacts with those individuals; and
(C) instructing United States embassies and consulates to urge American visitors to those countries to refrain from patronizing businesses that are owned or operated by such individuals."
Here are some legal points on Mahmoud Abbas, relating to the Koby Mandell Act:
1) Abbas is an arch-terrorist who paid for the murder of American national David Berger in 1972, 3 years after the starting reference date of "1969" in the Koby Act. So, the Koby Act specially applies to Abbas.
2) Abbas is not just a "police" man or a "security force" person. He is the "President" of the Palestinian Authority, and the supreme "police/security force" person of the Palestinian Authority.
3) Since Abbas is the head of the Palestinian Authority, "all such [US foreign aid] assistance [must] be halted [to the Palestinian Authority] until the aforementioned terrorists [i.e. namely Abbas] are removed from their positions."
4) The reason that Abbas is not being "prosecuted" is because as part of the Oslo agreements, Israel "pardoned" Abbas of his pre-1993 crimes. Israel's 1993 pardon of Abbas has only enabled Abbas to better fund and more easily execute more murderous terrorism against American citizens. Israel's 1993 pardon of Abbas is irrelevant to the application of the American law of the Koby Act for the murder of an American citizen in 1972.
5) The OVOT should initiate negotiations for the David Berger family from the Palestinian Authority for the murder of an American citizen.
6) The OVOT should investigate how to prosecute Abbas for any violations of US law in his murder of an American national in 1972.
7) The United States should declare Abbas persona non grata, deny entry of Abbas into the United States, and urge "United States Government agencies to refrain from political and diplomatic contacts with" the terrorist Abbas.
President Obama must follow and enforce the Koby Act and require the United States government to cease all contact with Abbas and deny the Palestinian Authority all US funding.
As the Palestinian Media Watch (PMW) constantly reports, in the PA, Chairman Abbas continues to name schools, parks, and streets after terrorists who have murdered American citizens, but America still funds the PA's coffers.
So, the Koby Act goes completely unenforced, and Abbas continues to fund, and provide safe haven to the Palestinian terrorist murderers of American citizens.
And President Obama continues to ignore his responsibility to enforce the law.
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