Eastern District of California Blog

Operation Popcorn: Documentary on the EDCA Harrison Jack case premieres Tuesday on PBS

David Grabias' documentary on the EDCA Harrison Jack case will premiere on PBS on Tuesday, May 17, as part of America Reframed, a documentary series hosted by Natasha Del Toro.  (UPDATE:  In Sacramento, it's on from 9 p.m to 10:30 p.m. on KVIEDT World (broadcast TV channel 6.3; Comcast channel 388).  Starting May 18, it will also be available to stream for free for 14 days at this link.

The 81-minute film focuses on defendant Lo Cha Thao and includes clips of interviews with Thao and his attorney, Mark Reichel.  The trailer can be viewed here.  Charges were ultimately dismissed against all defendants.

All my blog posts on the case are here.  I was one of the attorneys on the General Vang Pao defense team.

Arlington Cemetary Honors General Vang Pao

Several hundred Hmong and Laotian Americans and their former CIA advisers - along with U.S. veterans and diplomats - went to Arlington National Cemetery Friday morning to honor Gen. Vang Pao.  Many Vietnam-era veterans sought to have Vang - who led the CIA-funded guerrilla army against the Lao and Vietnamese communists - buried at Arlington.

Vang, who died Jan. 6 at 81, was denied burial there because he wasn't a citizen during the Vietnam War, though he became a U.S. citizen and settled in Orange County, said Philip Smith, executive director for the Center For Public Policy Analysis in Washington, D.C.

But at 10:30 a.m. Friday, the U.S. Army Honor Guard in dress uniforms, "The Old Guard of the 3rd Division," presented arms and colors in honor of Vang and the Hmong and Lao veterans, Smith said. U.S. flags were raised and an Army bugler played "Taps" for the Hmong and Lao veterans who died during the war.

The ceremony took place at the Lao Veterans of America Monument and Atlas Cedar tree at Arlington a few hundred yards from the eternal flame at President John F. Kennedy's grave. "We were very honored to have that location," Smith said.

The U.S. Army, which had initially rejected the request to bury Gen. Vang at the cemetery, "not only approved the official ceremony but approved official support with an honor guard, bugler and wreath bearer with white lilies and carnations honoring the death of the general and others who served with him," Smith said.

Sacramento Bee, 5/13/11.

WikiLeaks Cables Show Vang Pao's Arrest Helped U.S.-Laos Relations

The Fresno Bee, 4/23/11 reports that General Vang Pao's arrest in the Harrison Jack case improved U.S.-Laos relations, according to classified Department of State cables.  The version at McClatchy DC, 4/22/11 contains links to the actual WikiLeaks cables, including Cable: Laos Welcomes U.S. Arrests in Coup Plot and Cable: Hmong Leader Provides Insights On Coup Plot.

Final "Hmong Case" Appreciation Rally Scheduled For Sac Courthouse, Friday, April 22

A final Harrison Jack case Appreciation Rally is scheduled for this Friday, April 22, 2011, with marchers starting at the State Capital at 8:00 a.m. and proceeding to the Federal Courthouse.  Speeches are scheduled starting at 10 a.m. 

My Last Harrison Jack Case Post

My last United States v. Harrison Jack case post.  Well, probably.  (See all posts at U.S. v. Harrison Jack). 

Although you'll need to subscribe online, Trial and Error, tnr.com, or shell out $4.95 for the March 3 issue (on your newstands now) to get the full article, here is an excerpt from T.A. Frank's piece, "Trial and Error: A Strange Terrorism Case Gets Even Stranger" in The New Republic:

There was no evidence that Vang Pao had agreed to any plan, much less devised one. And, in the bigger picture, it was beside the point. The main charge—attempting to overthrow the Laotian government in violation of the Neutrality Act—was a bizarre appellation for an effort to save some kinsmen in the Laotian jungle.

    In September 2009, the feds dropped their case against Vang Pao, instead redoubling their efforts against the other defendants. But last October, the judge, Frank Damrell, strongly suggested that the prosecutors had no case. “They sent this guy from Justice, and he got his head handed to him,” recalls Federal Defender Daniel Broderick, who represented Jack. On January 10, the case was dismissed.

    The Justice Department’s Sacramento office issued only a blanket statement: “After considering all aspects of the case, we decided that under the totality of circumstances, it is not in the government’s interest to continue this prosecution,” said U.S. Attorney Benjamin Wagner. “While some defense attorneys have raised claims of misconduct, I believe the case was investigated and prosecuted properly and professionally.”

    The entire saga had lasted nearly four years, and cost tens of millions of dollars. “Why would it take the government so long to figure out that the case had a problem?” asks Mike McKay, a former U.S. attorney. “What one goes through as a target in a federal criminal investigation is sheer agony. I don’t know if there’s anything worse.” Attorney Mark Reichel, who represented one of the defendants, says the case underscores Henry Kissinger’s grim assessment that to be an enemy of the United States might be dangerous, but to be its friend is fatal. Vang Pao’s health deteriorated during the trial. He died on January 6, less than a week before the remaining charges against his co-defendants were finally dropped. 

General Vang Pao's Memorial Service: John Keker's Remarks

Among the many highlights from General Vang Pao's 6-day memorial service in Fresno, see "For a Hmong Hero, A Lavish Farewell," New York Times, 2/6/11, my favorite is John Keker's remarks on Superbowl Sunday, which I've reproduced in full here:

John W. Keker’s Remarks at the Funeral of General Vang Pao February 6, 2011

I am John Keker, the lawyer who represented General Vang Pao when he was wrongly and undeservedly accused by the United States Government.

I am honored to be asked by his family to speak, and will talk about the last few years of his life, when this unjust prosecution occurred.

I met General Vang Pao when he was 77 years old, in a Sacramento hospital, where he was recovering from heart surgery and heart problems.  He was hooked up to monitors and drip machines, barely conscious, and being guarded by armed police so he wouldn’t escape.

I was there because two carloads of his sons, men from St. Paul, from Orange County, from Dallas, from all over America, had come to my office to tell me that they had agreed I should represent their father.

They explained to me what he had done in Laos, and what he had done here in the United States.

Since I had fought in Vietnam, in the United States Marine Corps, I knew what he had done there.  He had protected me, and other American soldiers and Marines, including my brother, who also fought there as a Marine, in Laos, where Marines weren’t supposed to be.  The North Vietnamese Army we fought in the late 1960s was far weaker than it wanted to be, because so many of its divisions were tied up fighting the Hmong Army led by General Vang Pao.

So, I said yes to the sons who asked me to represent him, and my life, and the lives of my colleagues who worked on the case, became much richer for it.

I have met two great men in my life.  One was Earl Warren, the Chief Justice of the United States who ended segregation, by writing the legal opinion that says all America’s children should go to school together, no matter their race or religion or where they were born.

The other was General Vang Pao.  He was a great warrior, in a world where there aren’t many.  Something—fate, luck, a God—kept him alive, enduring so many wound, plane crashes, helicopter crashes, something kept him alive as he led the Secret Hmong Army in Laos.

General Vang Pao stayed alive because he was meant to be more than a great warrior.  Like George Washington, like Genghis Kahn, some great warriors become great leaders of their people, in war and in peace, bringing tribes and factions to work together and be strong.  He was that kind of leader.

When I met General Vang Pao in the hospital, he was fighting a battle that was new for him.

He wanted peace and respect between then Hmong and the Lao people.

He wanted harmony among Hmong in this country.

Some people were raising questions about his leadership, questioning whether his views were the right ones.

So to be accused by the United States Government he had served so faithfully and well, to be prosecuted for something that not only he never did, but that he disapproved of, was very hard for him.

Eventually the ignorant prosecutors who brought the case saw that it was completely wrong, that General Vang Pao was innocent.

But even when they realized it, and dismissed the case, they never admitted they had accused a great man wrongfully.  For that they should be ashamed.

But Buddhists, and some of us who aren’t Buddhists, know that nothing under the sun is all good or all bad.

There were some good things that came from this unfair prosecution.  The Hmong people rose up as one.  They came from all over America to Sacramento, to demonstrate peacefully every time there was a major court appearance.  In black pants and white shirts, carrying American flags, young and old, men and women, thousands of them, rose up to show their respect for and solidarity with their father, their leader, General Vang Pao.

And that demonstration made General Vang Pao very happy, and proud, and grateful to his people, and made his burden tolerable.  He knew that Hmong culture would survive in America, with or without him.  So on this sad occasion, when we gather to mourn General Vang Pao, you should be glad that you recently had the chance to show him, while he was alive, your love and respect, and to honor him in life.

The last time I saw him, after the case was over, he gave me this ring, which I carry in memory of him.  Each of you have your memories of him, which you carry every day, as I carry this ring.  Our memories are different, but they all lead to a good place—he made us better, he made us care more about others, he made us proud of who we are.

For that I am very grateful.

Thank you for inviting me, and thank you Xa Vang for translating.

Vang Pao's Family At Peace With Denial Of Arlington Burial

While some Vietnam veterans attacked the Army's refusal to bury Gen. Vang Pao at Arlington National Cemetery, his family said Saturday he might prefer resting closer to his Orange County home.

"He never expressed where he would like to be buried when he was alive," his eldest son, Francois Chao Vang, said on the second day of Vang's traditional Hmong funeral. "Maybe it's Father's wish that he stay here in California, close to family – if he's there no one can go to see him."

Vang, who died of heart failure Jan. 6, has been called the greatest general of the Vietnam War by some U.S. Special Forces veterans who fought alongside Vang's guerrilla army from 1961 to 1975.

More than 35,000 Hmong jungle fighters died battling the North Vietnamese army to a standstill at the Plain of Jars, and rescuing dozens of downed U.S. pilots along the Ho Chi Minh trail.

Sacramento Bee, 2/6/11

General Vang Pao Denied Arlington Burial

While General Vang Pao's 6-day funeral begins today, Fresno Bee, 2/4/11, the Army denied his family's request that he be allowed burial at Arlington National Cemetery, though Rep. Jim Costa intends to seek review of the decision.  Chron.com, 2/4/11.  According to Steve Magagnini's story in the Sacramento Bee:

A confidante and family friend of the late Gen. Vang Pao, received word this afternoon that the military has declined a request by Vang's family for his remains to be buried at Arlington National Cemetery.

The news comes during the first day of Vang's massive six-day funeral in Fresno.

Charlie Waters, a longtime friend of Vang and a proponent of the military burial, said he received a call from a lieutenant colonel representing a committee that had been considering the request. He told me that the committee deciding this "unanimously voted against burying Vang Pao at Arlington because it'll take the place of an American Veteran," Waters said.

Sacramento Bee, 2/4/11; see also Fresno Bee, 2/4/11.  A Fresno Bee Editorial, 2/4/11 calls it the wrong decision at the wrong time:

It was the wrong decision by the Obama administration to deny a request to have Gen. Vang Pao buried at Arlington National Cemetery. That decision was made even worse when it was announced on the first day of Vang’s six-day funeral in Fresno.

As many as 40,000 people from around the world, including the former Royal Lao family, are expected at the funeral for the Hmong leader.

Vang’s record shows that he earned the honor of being buried at Arlington through a waiver. The U.S. military granted 196 of 340 waiver requests on a case-by-case basis, according to a Government Accountability Office report that looked at the 1967-1997 period.

Vang led thousands of Hmong guerillas in the covert, CIA-backed campaign against communists in Laos between 1961 and 1975.

Exclusive Sacramento Bee Interview with Harrison Jack

Today's Sacramento Bee, 1/16/11 has a lengthy piece about Harrison Jack and the government's dismissal of all charges against him and the other 11 defendants last week.  With an exclusive interview with Harrison Jack, I'm disappointed in the very short video clip in the online article.  Here's what else EDCA U.S. Attorney Ben Wagner had to say about the reasons his office dismissed the case:

Wagner, the U.S. attorney, said, "This case started because somebody was shopping for arms."

The government decided to drop all charges, he said, following "a lengthy reassessment of the case."

In court, a Justice Department attorney faced a tongue-lashing from Damrell three months ago, for what he called vague and contradictory aspects of the government's accusations. Then, two months ago, Damrell threw out much of the case, saying it was not supported.

Wagner said there were two major considerations to the decision to drop charges. One was Damrell's dismissal of a major portion of the case, including much of the conspiracy charge.

In addition, "At the time the arrests were made, we did not have full translation of 100 percent of the data we had," he said.

Bee Editorial: Vang Pao Deserves To Rest In Arlington

The request is a fitting honor for Vang Pao. The U.S. military granted 196 of 340 such special requests on a case-by-case basis, according to a Government Accountability Office report which looked at the 1967-1997 period. Vang Pao's record shows that he, too, has earned this honor.

Vang Pao led thousands of Hmong guerillas in the covert, CIA-backed campaign against communists in Laos between 1961 and 1975. After Laos fell to communist forces in 1975, he settled in the United States and spent the rest of his life trying to resettle Hmong refugees and help those left behind in Laos.

He set up nonprofits to aid refugees and lobbied hard to get U.S. veterans benefits for the Hmong who fought for the United States. He continued to strongly oppose the communist regime in Laos.

It was significant in 2003 when he called for reconciliation with old enemies – a major shift. In issuing his "Doctrine on Laos and Southeast Asia" he called for cooperation from communist Lao leaders: "Let us put aside our differences from the past and build a brighter future for the people of Laos."

This helped open the way for a slow warming of U.S.-Laos relations, including normal trade relations.

So it came as a shock in 2007 when federal prosecutors in California charged Vang Pao and 12 others with allegedly conspiring for a violent coup in Laos – a sorry episode in U.S. justice system history.

The wiretap transcripts showed the group talking in the beginning about bringing democracy and free elections to communist Laos. Then an undercover agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives entered the picture, posing as an arms dealer, recommending weapons and mercenaries. Still, the government's own brief admits that Vang Pao "ultimately opposed the plan."

Prosecutors finally dropped the charges against Vang Pao in 2009 and – days after his death – the charges against the other 12.

None of this government blundering can take away from Vang Pao's larger contributions. As the Costa and Cardoza letter states, he "served in support of the United States with passion, dedication and honor." Burial at Arlington National Cemetery would acknowledge that – and help make right the pitiful events of the last 3 1/2 years.

Sacramento Bee, 1/13/11