Free Directed Verdict by Randy Singer Page A

blotches marked her neck where she had probably scratched nervously. Brad pegged her as a hardworking overachiever who was taking this event way too seriously.
    She stood and addressed the panel.
    “May it please the court, my name is Leslie Connors, and I represent the appellants—the former Taliban regime and the nation of Afghanistan. The issue in this case is whether a U.S. federal court has the jurisdiction to hear the case and award damages to certain female Afghanistan refugees against the Taliban and the nation of Afghanistan for the alleged torture of these refugees. Let me make myself perfectly clear. The issue is not whether the Taliban abused these women and should be punished for their heinous conduct; it is whether a U.S. court should usurp the role of the international community and set itself up as the final tribunal to judge that conduct.”
    “Counsel,” Strobel interrupted, “would you agree that your clients committed some of the most despicable and far-reaching human rights violations since the atrocities of Hitler?”
    “Your Honor, that is for the international community to decide, not this court.”
    “But, Counsel,” Strobel drawled, “do you deny that the Taliban regime deprived women like yourself of the most basic human rights?”
    “No, we do not deny it.” Leslie appeared uncomfortable making even this obvious concession. Brad watched as she shifted her weight from one foot to the other, then nervously tucked an imaginary strand of stray hair behind her ear.
    “Do you deny that the Taliban beat and tortured women if they attempted to run away from an abusive husband? Do you deny that the Taliban treated women as something less than human, as property of their husbands?”
    “No. But the international community addressed that in removing the Taliban from power—”
    “Counsel,” Strobel interrupted, immediately silencing Leslie, “this court has now been petitioned by a group of refugees to grant redress for these terrible acts of torture. Are you suggesting that this court just sit idly by, refuse to take jurisdiction over this case, and let the Taliban get away with rape, murder, and torture?”
    “We are a nation of laws,” Leslie responded, slowly and evenly. “And on this point the law is very specific and very clear. All nations have the privilege of sovereign immunity, a basic and fundamental privilege that prevents them from being hauled into the courts of another nation as a defendant. We must respect the sovereignty of other nations and not drag them into our courts as if they were just ordinary American citizens, especially since a new government in Afghanistan has replaced the Taliban—”
    “I’m well aware of the law, Counsel.” Strobel used a tone a parent might reserve for scolding a young child. “So let’s talk about the law for a minute. Under the Foreign Sovereign Immunities Act, there are certain exceptions. For example, a foreign nation can be hauled into our courts if that nation causes harm associated with a commercial activity, such as breach of a contract. Is that right?”
    “Under some circumstances.”
    “And a foreign nation can be hauled into our courts if an agent of that nation causes injury on the high seas, right?”
    “That’s correct.”
    “And if an agent of a foreign nation injures someone on American territory, then that nation gets hauled into American courts?
    “Yes, in most cases.”
    “So let me get this straight.” Strobel stroked his goatee as if he were deep in thought. “A foreign nation can get hauled into American courts if they hurt us in the pocketbook, or if they injure someone on the high seas, or if they breach a contract, but there is some overwhelming reason that says we can’t drag them into American courts if they systematically torture, rape, or kill innocent civilian women. Is that the way you read the law?”
    Leslie shifted her weight. The red blotches grew. She pushed at more imaginary hair.
    For