Ari Fleischer & Pakistan

Vikash Yadav vikash1 at ssc.upenn.edu
Sun Mar 3 08:50:42 PST 2002


In a briefing last week, the White House Press Secretary, Ari Fleischer, argued with the press corps that Pakistan signed an extradition treaty with the US in 1931, even though Pakistan was not an independent state until 1947. What is most bizarre is that Fleischer seems to think that there were "Pakistani authorities" running around in 1931. In fact, Chaudhuri Rahmat Ali, a Cambridge graduate student, did not even propose the idea of creating a state called "Pakstan" until 1933. The Lahore Resolution calling for a separate Muslim homeland was not passed until 1940. If nothing else, this "gaffe" reveals the complete ignorance of the White House staff about an area of the world in which they are now mired.

The text of the press briefing is enclosed below.

Vikash Yadav Philadelphia, PA

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Source: White House Press Briefing (02/25/02)

[...]

Q The President said today he's fully satisfied with the support, the help President Pervez Musharraf has been giving the U.S. government in the investigation of the kidnapping and the killing of Danny Pearl. You said this morning that the U.S. government is pursuing the extradition. And the question is, if you do you know have an extradition treaty with Pakistan, how are you going to get him extradited?

MR. FLEISCHER: I said this morning that the United States would very much like to get our hands on Omar Sheik and the others who are responsible. And there is a judicial system in Pakistan that has cooperated with the United States. And one further point on it, even without an extradition treaty the United States can work productively with other nations, as other nations make their decisions about justice, pursue things through their courts, often in cooperation with the United States.

But since the gaggle, I've talked with some of the lawyers inside the White House and there is some updated information on a treaty, because there is actually a treaty dealing with extradition with Pakistan that was signed in 1931. It went into effect in 1942, prior to Pakistan becoming a sovereign state -- because that was at a time when Pakistan was under the British empire. But it's interesting to note that the lawyers say that treaty does remain in effect, even though it was signed with the predecessor of the Pakistani government.

Q How can that be? There was no Pakistan in 1942.

MR. FLEISCHER: It's an interesting question, Bill, but that's the lawyers' point, they do believe it remains in effect even though it was --

Q The treaty was with the British?

MR. FLEISCHER: The treaty was with Pakistan, which was under British rule.

Q But there wasn't any Pakistan, as such.

MR. FLEISCHER: It was with the Pakistani authorities under British rule. So I think probably --

Q There were no Pakistani authorities.

MR. FLEISCHER: -- that time. Of course there were Pakistani authorities; it was under British rule, but you still had Pakistani authorities.

Q Nineteen forty-nine.

Q It was part of India.

MR. FLEISCHER: You can argue it with the lawyers if you choose, but I can tell you --

Q Bring them on. (Laughter.)

MR. FLEISCHER: Lawyers like to argue these type of points about 1932.

Q Does Pakistan agree with that interpretation?

MR. FLEISCHER: You'd have to ask Pakistan.

Q Do you have any communication from them one way or the other? On this broader issue, or on the specific issue?

MR. FLEISCHER: I just -- the lawyers just filled me in on this point, nd -- so there is a treaty.

But as I was making the point, even without this, as I indicated this morning, it does not change the United States's fundamental determination to bring justice to the people who killed Mr. Pearl. And in that measure, whether there is or is not an extradition treaty, the President has said that he is satisfied with the actions of President Musharraf and of the Pakistani government helping to bring about that result.

Q But they are extraditable?

MR. FLEISCHER: Connie?

Q Why would we want them back here? Wouldn't we be just as happy to have them executed in Pakistan rather than put Americans at risk?

MR. FLEISCHER: Well, I've told you what the government's position is. Pakistan, of course, does have its own justice system, and I can't predict what Pakistan will decide to do; they are a sovereign nation.

The United States has made clear to Pakistan our position, that we would be interested in having him sent to the United States, Sheik Omar to the United States, and the others who are responsible for the killing.

[...]



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