United States v. Al-Maliki: An FSO Saved These Victims, Then Testified Against Their Abuser

Posted: 3:06  am EDT
Updated: June 2, 8:23 am PDT
[twitter-follow screen_name=’Diplopundit’ ]

 

This is excerpted from the Opinion from the Court of Appeals for the Sixth Circuit, filed on May 27, 2015 concerning a case of a U.S. citizen found guilty of abusing his own children who are also U.S. citizens.  News reports are often loud when things go wrong, but never as loud when things go right.  We don’t often hear about these cases until they go to court and we almost never hear the role played by our consular officials when assisting the victims. An RSO was also involved in this case, but was unnamed in court documents. We understand that this official will be DCM at one of our embassies in the Middle East this summer.

The vice consul in this case is FSO Mark Goldrup. His name appeared on the Congressional Record in June 2009 for his consular officer appointment. We suspect but could not confirmed that he was on his first overseas assignment at US Embassy Damascus when he assisted these victims find safe shelter in Syria back in 2010. The prosecutor said that Mr. Goldrup “took the extraordinary step of keeping an American citizen away from his two citizen sons because he felt that he posed a danger to them.” The State Department’s recruitment slogan last year was Change the World, Join the Foreign Service.  Not sure about the world, but here is proof of one FSO who helped changed three lives, forever.

Malek M. Al Maliki was sentenced to 292 months on each of counts 1 & 2, to be served concurrently last year. He was remanded to the custody of the US Marshal. Supervised Release 10 years. This term consists of 10 years on each of counts 1 & 2, all such terms to run concurrently, with several conditions including Firearms and Dangerous Weapons Prohibition; DNA Collection; Mental Health Treatment; Minor Protection and Restriction Program; Sex Offender Registration and Notification Act. (United States of America v. Al Maliki; 1:13-cr-00121-SL-1).  The U.S. Court of Appeals for the Sixth District affirmed the lower courts decision on May 27, 2015 (Case No. 14-3386). Excerpt below:

McKEAGUE, Circuit Judge. A jury of his peers found Malek al-Maliki guilty of a heinous crime: sexually abusing his own two children, ages twelve and three. Al-Maliki challenges several aspects of his conviction and sentence. His constitutional challenge to his conviction is a close call, but it ultimately fails under plain-error review. The rest of his challenges fail as well. We affirm.

Iraq native Malek al-Maliki had his first child, John Doe #1, with Hinda al-Rhannai in 1998. Two years later, the couple had a civil marriage and al-Maliki (but not his wife) became a United States citizen. Their physical union did not last long. Although they remained legally married, the couple has been separated since 2000 or 2002. Despite the separation, they had one more child, John Doe #2, in 2007. Since around 2000, al-Maliki has lived alone on the west side of Cleveland, Ohio, and al-Rhannai has lived in Morocco and then Syria with the two sons.

Al-Maliki visited his family on a few occasions over the years. The United States claims that during one trip from August to November 2010, he sexually abused his two children (then ages twelve and three), violating 18 U.S.C. §§ 2423(c) and (e). A grand jury indicted him under that statute, which at the time punished any United States citizen “[1] who travels in foreign commerce, and [2] engages in any illicit sexual conduct,” which includes noncommercial sexual acts with a minor, or any attempts to do the same.

Al-Maliki denied all of the charges, and a trial began. The jury heard from Mark Goldrup, a vice consul at the U.S. Embassy in Damascus, Syria. He testified that he put al- Rhannai and her children in a safe shelter after al-Rhannai came to the embassy seeking assistance for injuries consistent with domestic abuse. The jury also heard from Department of Homeland Security Special Agent Gabriel Hagan. She testified that she observed the sons’ open affection toward their mother, but that al-Maliki insisted his wife abused the sons. She also  testified about a live interview she saw of John Doe #1, where the boy cried and hid his face while struggling to recount the sexual abuse (the “sin,” he called it) that he suffered.
[…]
Al-Maliki next challenges the admissibility of Goldrup’s testimony on two grounds: that his testimony included an improper hearsay statement, and that it included prejudicial statements about domestic violence. Nothing improper occurred.

Hearsay. Goldrup’s challenged testimony included this out-of-court statement: “[Al- Rhannai] stated that she had been abused by [al-]Maliki.” R. 97 at 15. But that statement was not offered to prove the truth of the matter asserted (that al-Maliki had in fact abused his wife); it was offered “for the limited purpose of explaining why [Goldrup’s] government[al] investigation” began. United States v. Martin, 897 F.2d 1368, 1371 (6th Cir. 1990) (collecting cases). Two conclusions follow: It is not hearsay, Fed. R. Evid. 801(c), and the government did not violate the Confrontation Clause, Crawford v. Washington, 541 U.S. 36, 59–60 n.9 (2004).

Middle Eastern stereotype. Goldrup’s testimony also included this statement: “You wouldn’t expect a law enforcement response” for spousal abuse in Syria because “it’s culturally understood [there] that a man has a right to beat his wife.” R. 97 at 53. That statement, taken in context, was both relevant and not unduly prejudicial. It was relevant because it rebutted al- Maliki’s attack on Goldrup’s credibility for not reporting the spousal abuse to Syrian authorities. United States v. Chance, 306 F.3d 356, 385 (6th Cir. 2002); see United States v. Segines, 17 F.3d 847, 856 (6th Cir. 1994).

Read in full here(pdf). Warning: Some graphic entries.

On February 6, 2012, the U.S. Embassy Damascus suspended operations and is not open for normal consular services.

#

Advertisements

‘Tales From a Small Planet’ Needs New Blood, Now Volunteers Needed!

Posted: 1:42 am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

We’re passing along a note from Francesca Kelly, one of the founders of Tales from a Small Planet, the  unofficial bidding destination for members of the Foreign Service and the expat community members with relocation in their minds.  She writes, “I know that I’m nearing my expiration date as an effective leader simply because I’ve been around too long! … We need some new blood at Tales.”

I should also add that Francesca is a freelance writer and was the website’s editor-in-chief from 1999 to 2003. You might like to read one memorable piece she did,  The Eighteen Cups: A Foreign Service Fable.  Francesca has lived in Milan, Leningrad, Moscow, Belgrade, Vienna, Ankara and Rome. She is the spouse of Ambassador Ian C. Kelly, the ambassador-designate to Georgia. And hey! A few years ago, she was with  Alex Trebek on Jeopardy.

Tales from a Small Planet was created at the turn of the millennium by a group of U.S. Foreign Service spouses who had previously collaborated on the “Spouses’ Underground Newsletter” (SUN).

Volunteers Needed!

Tales from a Small Planet, the first comprehensive web resource for expats, is seeking new volunteers to take it the next step. Critical positions to be filled include Executive Director, Social Media Director, and several Board members.

When bidding season rolls around, Tales from a Small Planet, at www.talesmag.com, is the website people visit first to research potential assignments. Our Real Post Reports have helped thousands find answers to what it’s like to live in cities from Abuja to Zagreb.

Will you need a 4WD vehicle? Where do Americans live? Tales from a Small Planet gets more than 75,000 individual page views every month from people asking questions like these. And our Real School Reports provide even more detailed answers about schools at post.

In short, ever since Tales was founded as a non-profit 501(c)3 organization in 2001, we’ve helped a lot of people find information about life abroad.  Perhaps we’ve even helped you!

Now Tales needs your help. We’re looking for a few smart, thoughtful and action-oriented people to join our staff and our board in volunteer positions that add up to only a few hours a month. You may not get paid, but you do get a spiffy title to stick on your resume, some great experience, and the chance to help a worthwhile cause.  Please contact volunteer@talesmag.com for more information about the following open staff and board positions:

Staff Openings

Executive Director

Social Media Director

Board openings:

About a half-dozen positions open. Staff and board meetings take place online, through email discussions and occasional virtual chats.

#

Burn Bag: NEA’s Assistance Coordination office is a complete disaster?

Via Burn Bag:

When will someone on the 7th floor realize that the emperor is naked and NEA’s Assistance Coordination office is a complete disaster? Money wasted, FTEs wasted, and  …  no one knows what they do.

#

NEA/AC – Bureau of Near Eastern Affairs/Office of Assistance Coordination
FTE – Full-time employees
7th Floor – the location of the Secretary of State and his immediate and senior staff in the   HST building
Two grants online: Increasing Employment in the MENA Region (est. total funding $5M) and Entrepreneurship in the MENA Region (est.total funding $7M).
MENA – Middle East and North Africa region

American Diplomacy: What Went Wrong and What Can Be Done About It? (WhirledView)

Posted: 1:16 am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

Via WhirledView with Patricia H. Kushlis:

What ever happened to the professional American diplomat?  Or can the world’s second oldest profession even still be considered a profession in these United States?

Is the State Department, the country’s oldest cabinet department which is tasked with the recruitment, training, education and professional development of America’s diplomats, run by the gang who can’t shoot straight or a corrupt in-crowd of long time bureaucrats entrenched in the department paying just enough tribute to the proliferating number of political bosses to stay in power far past their prime?  Or are they one and the same?

The story told in the recent Academy of American Diplomacy report “American Diplomacy at Risk” is that of a once venerable department that has lost much of its relevancy and expertise in the making and implementing of US foreign policy since the end of the Cold War encroached upon by the National Security Council, the US military, the CIA, the National Security Agency and even the Foreign Commercial Service.
[…]

Much has been made of “diplomatic readiness” – but how “ready” are American diplomats today?  A wise linguist once told me that “it takes twenty years to grow a tree and it also takes twenty years (or more) to develop the skills required to be a consummate diplomat.”

Nearly 60% of the Foreign Service today is composed of officers who have had less than ten years experience and their first three years are spent working entry-level positions often on the Visa Line or in the war zones of Afghanistan or Iraq. What kind of expertise – or diplomatic readiness – does that translate into?

Continue reading “American Diplomacy: What Went Wrong and What Can Be Done About It?”

#