CIMA Law Group Blog

Why 9/11 Families and the Taliban are Fighting for Billions in Frozen Funds.

Over $7 billion dollars lie in Afghanistan’s central bank account at the Federal Reserve and with Taliban rule still in it’s early stages, a plethora of legal, national security, and political problems surround the money. The Taliban claims that the money is rightfully theirs while others attest that the money should be given to the families of 9/11 victims.

Only 20 years ago about 150 family members of 9/11 victims sued a list of targets including Al Qaeda and the Taliban. A decade later and a court found the defendants liable for damages worth $7 billion dollars but, with no way to collect the money, the decision seemed to be only symbolic. Or, at least it was until the Taliban assumed control of Afghanistan’s government in August 2021. Now the question remains, if that money is truly the Taliban’s, shouldn’t the families of 9/11 victims be entitled to seize it?

“After our husbands were killed in the Sept. 11, 2001 terrorist attacks, we have spent many years fighting to achieve justice on their behalf. Together with the others in our case, we obtained an enforceable money judgment against the Taliban and now call on President Biden to ensure the funds we have attached go to us and not the terrorists who played a role in taking the lives of our loved ones.”
Ellen Saracini and Fiona Havish who are spouses of two victims who lost their lives in the World Trade Center attack.

Currently, high level officials in the Biden administration are debating the question. Among the issues is if the United States can sidestep some legal issues by recognizing the Taliban as Afghanistan’s rightful government and therefore allowing the money to be given to the 9/11 families.

Meanwhile, Afghanistan has been unable to sustain it’s healthcare and other services as foreign aid has been cutoff completely. According to the World Bank, one out of every three Afghans were on the brink of starvation at the end of last month due to aid cutoffs.

Afghanistan faces a humanitarian crisis and with many countries unwilling to support the Taliban government, the future remains bleak. Unfortunately, the people of Afghanistan are often the ones paying the price for government inaction. Even Afghans with money are unable to withdrawal from banks and family members from oversees can only send a limited amount of money to them. In addition, western countries have been trying to appease Taliban leaders to allow for greater freedom among women and other groups. Giving the $7 billion dollars to 9/11 families could further alienate Afghanistan from western ideals.

This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Inquiry, and Government Relations.

New Covid-19 Variant Omicron Surfaces Globally

Francis Collins director of the National Institutes of Health, testifies during the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee hearing on the National Institutes of Health Budget Request for FY2021, in Rayburn Building on Wednesday, March 4, 2020. — **Director at the Nation Institute of Health, urges people to vaccinate themselves amid the rise of the new variant**

Just when life feels like it’s getting somewhat back to normal, prior to the Pandemic, a new variant of the virus emerges in the Eastern hemisphere. The spreading variant was first detected in South Africa and later found its way into England, the Netherlands, Germany, Italy, etc. Now, the virus has come onto the western hemisphere where the first two cases have been detected in Ontario, Canada. As a result, scientists are on the radar while simultaneously researching about the virus. New findings suggest that there is still uncertainty around the Omicron variant outcompeting the Delta variant.

Even though South Africa being transparent and clear about their findings, bans have been enforced restricting the travel of some African countries to the United States, Austrailia, and Canada. In turn the foreign ministry is concerned about the global response to these discoveries since they feel they are being punished rather than praised. They argue their advanced research and technology that led them to these findings should be applauded. Moreover, recent evidence suggests that there may be a higher reinfection rate which is of concern according the World Health Organization. The WHO stresses to unvaccinated people that the variant should serve more of a reason for those to get it.

**Researchers and vaccine makers scramble to understand the virus and its mutations**

Now that the first two cases have been discovered in Canada, the focus on booster shots becomes heightened. Covid vaccine creators rush to investigate ways to modify their coronavirus vaccines to tackle the newly detected Omicron variant, which has prompted countries throughout the world to tighten restrictions in an attempt to halt the spread. BioNTech and its partner Pfizer, as well as Moderna are working tirelessly to try and understand the efficacy of the current vaccine and through that, alter it as needed to combat the new variant. In regards to the Moderna vaccine, it may lose some efficacy but there is comfort in the fact that there is still some form of protection. Regardless, if need be, there is a means for the production of a new version within the next year.

27 Chinese Aircraft Enter Taiwan’s Air Defense Buffer Zone

**Screenshot of Taiwan’s Ministry of Defense tweet posted November 28, 2021.**

Taiwan rushed to deploy combat aircraft and missile systems Sunday, November 28th, to warn Chinese aircraft to leave their air defense buffer zone. Taiwan’s Defense Ministry reported that China had sent 27 combat aircraft into close proximity with Taiwan and is part of Beijing’s increasing trend to put pressure on the island.

China’s latest excursion Sunday into Taiwan’s airspace included 18 fighter jets, 5 nuclear-capable H-6 bombers, and a Y-20 aerial refueling jet. China deploys aircraft into the region as part of “grey zone” warfare with the island country. Reuters reported that since October 1st Taiwan has claimed more than 150 aircraft have been deployed from the People’s Liberation Army into its air defense zone. In a report made by Fox News, Taiwanese officials fears China conducts these maneuvers in an attempt to scramble the island’s response.

A spokesperson for the People’s Liberation Army, China’s armed forces, stated their military carried out, “naval and air force combat readiness patrol in the direction of the Taiwan Straight”. According to a map provided by Taiwan authorities, the Chinese aircraft flew into Taiwan’s air defense zone on the southern part of the island and out into the Pacific before returning the China.

China’s recent air force mission into Taiwan comes as China’s President Xi attends a military conference where his top priority is to cultivate talent and support in order to gain the upper hand in future wars. Taiwan and China split during a civil war in 1949 with Taiwan being internationally recognized as an independent nation. Although under China’s “One China Principle”, China claims Taiwan as its own territory and is willing to control the island by force if necessary.

Ahmaud Arbery Trial Continues in GA

A picture of Arbery held by a protester — **The unjust killing of Ahmaud Arbery sparks national protests across the country to hold the defendants accountable and bring forth justice**

Last year, Ahmaud Arbery was fatally shot by three men: Father and son Greg and Travis McMichael, and neighbor William Bryan recorded as he was seen jogging in February of 2020 in Brunswick, Georgia. Today, these men are undergoing trial to come to a verdict based on the information and evidence presented. In the trial, racial motivation is believed to be the key motive in the killing of Ahmaud Arbery as the three men acted on assumption rather than facts or evidence. On November 8th, the jury viewed footage from the police body cameras moments after Arbery was murdered. This evidence was used by prosecutors to weaken the defendants’ argument about just trying to detain Arbery.

On November 18th, it was revealed that all three may face a 9 count indictment and if convicted, they will all receive life in prison. These indictments include one count of malice murder, four counts of felony murder, two counts of aggravated assault one count of false imprisonment, and one count of criminal attempt to commit false imprisonment. The state of Georgia does not have degrees of murder as they use felony and/or malice murder in circumstances involving murder. To be charged with malice murder, one has “unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” Felony murder is when someone dies as a result of an individual committing a felony even if it is not intentional.

(Stephen B. Morton/Pool/AP) — **Prosecuting attorney Linda Dunikoski stresses the malice behind the defendants actions** **she concludes her argument**

Today, November 22, prosecutors and defense attorneys present their closing arguments as the trial continues. Both sides attempt to sway the jury in their decision of possibly convicting the three men of Ahmaud Arbery’s murder. They make compelling arguments and present evidence to urge the jury to vote in their favor. Additionally, there was speculation regarding jury duty because there was only one black juror while the rest of the jurors were white. This raised some concern nationwide. Nevertheless, the jury is faced with a pressing decision as the attorneys conclude their arguments and wait for the verdict.

Austrian Lockdown and Vaccine Mandate Implemented to Fight Soaring Covid Cases

On Monday, Austria became the first country in western Europe to return to lockdown since vaccines have rolled out. A new wave of COVID-19 cases has spread rapidly across Europe and many countries are considering enforcing vaccine mandates or reinstating lockdowns.

“We are in a highly dramatic situation. What is in place now is not sufficient”
German Chancellor Angela Merkel

Austria will be shutting down all non essential businesses including bars, cafes, and theatres for at least ten days in an attempt to alleviate some of the stress put on hospitals as cases rise. Austria was nearing 15,000 cases per day but the shutdown is primarily meant to provide relief to nurses and doctors. Alexander Schellenberg, Austria’s interim Chancellor, has also pledged to mandate vaccinations nationwide starting February 1. Violators of this mandate could face a fine of close to $4,000. These controversial decisions have sparked protests and widespread controversy in Austria and beyond. On Saturday, tens of thousands of protesters marched through Vienna in response to the lockdowns that take effect on Monday.

Protesters holding a banner that reads “control the border, not your people”

Many of the protesters were members of right wing parties and groups including the far-right freedom party and the anti-vaccination MFG party. Austria still has one of the lowest vaccination rates in Europe at only about 66% but anti-vaccine advocates are not the only ones who believe the government mishandled the pandemic. In fact, a slight majority of Austrians would prefer the government mandate vaccinations. People that have been vaccinated complain that they are being punished even though they have been fully immunized. The lockdown also makes it hard for many small businesses that make the majority of their money during the Christmas season. Government support of such businesses provides enough to get by but not nearly as much as they would make without restrictions.

Similar circumstances are appearing throughout Europe as recent protests have escalated in France, Italy, and Germany. Other European countries may implement a similar mandate as Austria because of the resurgence of COVID-19 in Europe.

Access To Space Threatened by Space Debris

**A visualization of the space debris currently orbiting the Earth (debris size not to scale). Credit: Institute of Space Systems, Technical University of Braunschweig.**

This past Monday a sleeping crew onboard the International Space Station was woken up and ordered to take shelter in their spacecraft in case the station was hit by passing debris from a Russian anti-satellite missile test. The seven people currently onboard the space station which include cosmonauts from the US, Russia, and Europe were ordered by NASA’s debris and ballistics specialists to remain in shelter from 2am to 4am. During that period the ISS executed two passes through the debris cloud as it makes a full orbit around the Earth every ninety minutes.

Impact from debris poses a significant hazard to current satellites and future space launches. Unfortunately, Russia’s recent satellite demolition only adds to a growing blanket of space junk that orbits the Earth. The Russian Ministry of Defense launched an anti-satillite missile (ASAT) Monday destroying one of its own dead satellites hurtling at least 1,700 pieces of debris at 17,000 miles per hour.

**These radar images from the Numerica Corporation show the Russian satellite before (left) and after an impact from a Russian anti-satellite test on Nov. 15, 2021. (Image credit: Numerica Corporation)**

Astrophysicist and satellite tracker John McDowell of the Harvard-Smithsonian Center for Astrophysics stated the debris field created from the 3,860 pound satellite will stay in orbit for around five years. 14 years still remain for most of the debris from a 2007 Chinese ASAT test to fall back to earth, and there is still debris from Soviet tests dating back fifty years ago.

There is so much debris in space that poses a threat to the International Space Station NASA has set guidelines for debris avoidance. In order to maneuver the station from hurtling space junk the crew utilizes the station’s Russian thrusters, or they fire the propulsion systems on one of the docked spacecraft that carry people to and from Earth. Since 1999 the International Space Station has conducted twenty nine debris avoidance maneuvers, with three of those occurring just last year.

The Department of Defense currently tracks more than 27,000 pieces of orbital debris that could threaten human and robotic spaceflight, with much more being too small to detect. The debris is already impacting launch plans and has the potential to drastically decrease launch windows. This comes at a time where companies such as Space X and Boeing plan to launch as many as 65,000 satellites commercial spacecraft into orbit in the near future.

Biden Proposes 20-Year Ban on Oil Drilling near Tribal Land

The ruins of Pueblo del Arroyo house at Chaco Culture National Historical Park in New Mexico. — **The ban proposes that the area around Chaco Canyon will be protected from oil and gas drilling as that compromises the Sanctity of the land**

On Monday, President Joe Biden delivers an announcement to propose a ban on oil drilling in Northwest Mexico, one of the oldest Native American Sites. Chaco Canyon – the area in which is being drilled for gas and oil is known for being a sacred region to the Native Americans in that area. It holds great significance for indigenous people because it resembles a physical emblem in the history of many generations living and working there.

The Pueblo and the other Indigenous Groups have voiced their concern years ago about many of these oil and gas drilling operations intruding on their land, which is abundant of cultural and spiritual sites dating as far back to over a thousand years. While Congress has passed legislation to temporarily postpone new leasing on the area, the White House stated that the administration’s plan involves a 20-year restriction on such drilling in that region, which contains approximately 4,000 prehistoric and archaeological sites.

White House - Architect, Facts & Layout - HISTORY — **President Biden holds a tribal summit to discuss his proposal of the ban**

The decision, described by the administration, as creating a 10-mile buffer surrounding the park, will have no effect on existing leases or claims. Instead, the Bureau of Land Management will work to ensure that the development that occurs “avoids or minimizes” damage to protected areas. The proposal would be prohibiting new oil and gas leasing or mining claims on lands surrounding Chaco Canyon, which is currently protected as a National Historical Park, and therefore is not eligible for new oil and gas leasing or new mining claims. In addition, while this ban is meant to protect the sacred land, it also adds an advantage in the efforts put forth to reduce climate change and remain on track to prevent further damage.

Trump Confidant, Steve Bannon, Taken Into Custody

On Monday November 15th Steve Bannon, a confidant of former President Donald Trump, surrendered to federal authorities after he was indited Friday on two counts of contempt. Bannon refused to cooperate with Congress when he defied a subpoena from the House Committee investigating the January 6th insurrection. According to the Justice Department, Bannon refused to appear for a deposition last month and also refused to provide documents pertaining to the investigation. Trump’s allies have a history of resisting congressional subpoenas as Mark Meadows also defied his. There seems to be a unified effort to impede progress in the House Committee’s investigation by former members of the Trump administration. Similar to when congress was investigating Russian interference, the Trump camp has been uncooperative in the investigation.

“Since my first day in office, I have promised Justice Department employees that together we would show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law,”
Attorney General Merrick B. Garland

Each count of contempt ranges from a minimum of 30 days to a year in jail as well as a fine of up to $1,000. A federal district court judge will determine the extent to which Bannon will be charged. Bannon has claimed he is covered by the assertion of executive privilege which refers to the president and other members of executive branch’s ability to maintain confidential communications and defy some subpoenas by the legislative and judicial branches of the government. Legal experts say that claim is false for two reasons. The first being that Bannon was not in the Trump administration at the time of the January 6th insurrection and the second is that Biden has waived executive privilege with regards to the investigation.

Bannon and Meadows are both key to the House committee’s investigation and a similar consequence looms for Mark Meadows if he does not comply. The members of the House panel has already interviewed more than 150 witnesses and have issued subpoena’s to almost three dozen people. The general implications of the investigation remain to be seen but one thing is clear, Bannon and Meadows are important in learning the entire story behind the January 6th insurrection.

FBI’s Law Enforcement Communication System Hacked

On Friday November 12th, a malicious hacker was able to send over one hundred thousand emails from an FBI server. These spam emails were sent to publicly listed administrators of websites published on the American Registry for Internet Numbers, and although the FBI reports the actor was unable to recover any personally identifiable information, this cyber attack highlights yet another recent high profile breach of US government networks.

The recent cyber attack on the FBI was possible due to a flaw in the configuration of the agency’s messaging system. The temporary software misconfiguration allowed the hacker to leverage the Law Enforcement Enterprise Portal to send fake emails under the guise of the US Department of Homeland Security’s Cyber Threat Detection and Analysis Group, a group which has not existed for over two years. Furthermore the fake email sent by the hacker is said to be an “incoherent warning” referencing cyber security writer Vinny Troia and a cybercriminal group dubbed, The Dark Overlord. This comes after a recent report published by Troia’s cyber security company, Night Lion Security, exposing data breaches conducted by the cybercriminal group.

Spam e-mail sent from FBI servers to one hundred thousand recipients, November, 2021.

Earlier this year Microsoft announced that a Russian based hacking group targeted one hundred and fifty American organizations by gaining access to a marketing account of the US Agency for International Development. Microsoft reports that this cyber attack campaign appears to target government agencies, think tanks, and nongovernmental organizations.

Microsoft experienced yet another extreme cyber attack earlier this year. Although this time from a hacker group they have high confidence to believe is working for the Chinese government. In response to this threat the US Cybersecurity and Infrastructure Security Agency issued a rare order to demand all US agencies to update their software systems in order to prevent the hackers from gaining, “persistent system access”. Those targeted include infectious disease researchers, law firms, higher education institutions, and defense contractors.

Highlights and Predictions as Rittenhouse Trial Concludes

I have been watching the trial of Kyle Rittenhouse via live-stream for the past two weeks. It has been, quite frankly, exciting – from both a legal and factual perspective. Here are my highlights from the last two weeks:

For those unaware: here is an article recapping the events which made Kyle Rittenhouse a figure of public interest.

Opening arguments were uneventful, but once the state began calling witnesses, I got a sense that it was an uphill battle. Most of the state’s witnesses, in fact, appeared to lend credibility to the self-defense argument. Last Thursday, Assistant District Attorney Binger ended by attacking the credibility of every single one of his own witnesses.

Then, on Friday the 5th, we heard testimony from Gaige Grosskreutz, one of the three men shot by Rittenhouse. His testimony was a strategic inevitably – he testified to his perceptions on the night of the incident, and gave an account of how he’s been impacted. However, when defense attorney Corey Chirafisi began to cross examine Mr. Grosskreutz, he spent 45 minutes dominating the room. It was an exceptionally impactful cross examination. We learned that Mr. Grosskreutz was armed, and that he intentionally omitted that fact to law enforcement and in official pleadings. The examination ended with nothing short of a bombshell: Chirafisi elicited a sworn admission that Mr. Grosskreutz was aiming his gun at Kyle’s head before he was shot. The attorney let the room fall silent for nearly a minute; a prosecuting attorney could be seen abandoning his poker face to hold his head in his hands.

Then on Wednesday the 10th, we saw Kyle himself testify – a huge risk in any criminal trial. Ultimately, his testimony seemed to benefit him. When he began to testify about the start of the incident, he quickly broke into sobs and a breathing fit. Judge Schroeder called for a 10 minute recess, and Kyle resumed his testimony. In my opinion, this breakdown appeared credible and will go over well with a jury. It also meant that the prosecutor had to be delicate on cross examination; of course, in continuing a long line of prosecutorial blunders, Binger was nothing of the sort. He opened up the cross examination arguing that Kyle has had, by virtue of remaining silent, plenty of time to tailor his statement to existing evidence and testimony. Judge Schroeder ordered the jury to leave the room to reprimand Binger for what was about to become a “grave constitutional violation” by commenting on the defendant’s 5th Amendment rights. Mere minutes after this, Binger began a line of questioning that both violated a pretrial order and relied on propensity evidence – once again outside the presence of the jury, the Judge was now shouting furiously at Binger’s behavior.

Evidence has since been closed, and closing arguments will begin on Monday the 15th. While I could write an entire book about the events of this trial, I included above only the moments which stood out to me the most. After seeing the direction of these proceedings, I believe that we should be prepared for an acquittal on the most serious charges. I look forward to putting the accuracy of my predictions to the test.