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Pakistani citizen Asif Merchant pleads not guilty in alleged plan to kill US official

Pakistani citizen Asif Merchant pleads not guilty in alleged Iran plot to kill US official

Published by Samiullah Farid

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New York (AFP): A Pakistani man with alleged ties to Iran pleaded not guilty Monday to plotting to assassinate a US official in retaliation for the American military killing of Revolutionary Guards commander Qassem Soleimani, prosecutors said Wednesday.

Asif Raza Merchant, 46, allegedly sought to hire a hitman to assassinate a politician or a government official in the United States, the Justice Department and prosecutors said in a statement.

A court document showed that Merchant pleaded not guilty to all counts, with a next hearing scheduled for November 6, 2024.

Soleimani, the head of Iran's foreign military operations, was killed in a US drone strike in Baghdad in January 2020. Iranian officials have repeatedly vowed to avenge his killing.

"As these terrorism and murder for hire charges against Asif Merchant demonstrate, we will continue to hold accountable those who would seek to carry out Iran's lethal plotting against Americans," US Attorney General Merrick Garland said previously.

The intended victim was not identified but the Garland has previously said no evidence has emerged to link Merchant with the July 13 assassination attempt against former president Donald Trump in Butler, Pennsylvania.

FBI Director Christopher Wray has said the Pakistani national had "close ties to Iran" and that the alleged murder-for-hire plot was "straight out of the Iranian playbook."

Another FBI official said the assassins Merchant allegedly tried to hire were in fact undercover FBI agents.

"After spending time in Iran, Merchant arrived in the United States from Pakistan and contacted a person he believed could assist him with the scheme to kill a politician or government official," the Justice Department said in a statement.

"That person reported Merchant's conduct to law enforcement and became a confidential source."

Merchant was arrested on July 12 as he planned to leave the country.

Iran's mission to the United Nations said in August it had "not received any report on this from the American government."

"But it is clear that this method is contrary to the Iranian government's policy of pursuing Soleimani's killer," the mission said in a statement carried by Iran's official IRNA news agency.

 

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Technology

TikTok faces tough questions from court over challenge to US law

Justice Department lawyer Daniel Tenny pressed the US government's stance 

Published by Samiullah Farid

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Washington (Reuters): A lawyer for TikTok and Chinese parent company ByteDance sought on Monday to convince a federal appeals court to block a US law that would ban the short video app used by 170 million Americans as soon as Jan 19, arguing that it violates free speech protections, but faced tough questions from the judges.

A three-judge panel of the US Court of Appeals for the District of Columbia heard two hours of arguments in the lawsuit filed by TikTok and ByteDance in May seeking an injunction to prevent the law from taking effect.

Justice Department lawyer Daniel Tenny pressed the US government's stance that TikTok, under Chinese ownership, poses a national security threat because of its access to vast amounts of personal data on Americans, asserting that China can covertly manipulate information that Americans consume via the popular app.

Andrew Pincus, the lawyer arguing for TikTok and ByteDance, told Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg that the U.S. government had not demonstrated that TikTok actually poses national security risks. Pincus also argued that the law violates the U.S. Constitution on a number of grounds, including running afoul of the First Amendment protections against government abridgment of speech.

"The law before this court is unprecedented, and its effect would be staggering," Pincus told the judges, saying "for the first time in history, Congress has expressly targeted a specific U.S. speaker banning its speech and the speech of 170 million Americans."

The law gives ByteDance until Jan. 19 to sell or divest TikTok's US assets or face a ban in the United States. Driven by worries that China could access data on Americans or spy on them with the app, the U.S. Congress passed the measure with overwhelming support and President Joe Biden signed it into law in April.

The lawsuit claimed that if the statute is upheld, it would show that Congress can circumvent the First Amendment "by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down."

Tenny defended the law and warned of Chinese manipulation efforts.

"It's farcical to suggest that with this two billion lines of code - 40 times as big as the entire Windows operating system, changed 1,000 times every day - that somehow we're going to detect that they've changed it," Tenny said. "There is so much happening in China outside the control of the United States that it poses a grave national security risk."

Rao cited an estimate that it could take three years to review the source code, not including updates.

"So how are you supposed to have disclosure, or verified disclosure?" Rao asked Pincus.

Rao said many of TikTok's arguments appear to want the court to treat Congress as an executive branch agency, rather than a legislature that "actually passed a law."

"It's a very strange framework" for thinking about Congress, the judge added.

Ginsburg asked why is this any different from another U.S. law that precludes foreign ownership of a broadcast license.

Srinivasan, in questioning Pincus, raised the hypothetical situation of the United States being at war with China, and whether Congress in that situation could bar foreign ownership of major media outlets operating in the United States. Pincus said Congress probably would be able to do so, but noted that lawmakers did not include that justification in the current law.

The law prohibits app stores like Apple (AAPL.O), opens new tab and Alphabet's Google (GOOGL.O), opens new tab from offering TikTok and bars internet hosting services from supporting TikTok unless ByteDance divests TikTok by the deadline. Under the law, Biden could extend the deadline by three months if he certifies ByteDance is making significant progress toward a sale.

TikTok and the Justice Department have asked for a ruling by Dec. 6, which could allow the U.S. Supreme Court to consider any appeal before a ban takes effect.

The case is playing out during the final weeks of the U.S. presidential campaign. Republican presidential candidate Donald Trump and Vice President Kamala Harris, his Democratic rival, are active on TikTok, seeking to court younger voters.

The White House has said it wants to see Chinese-based ownership ended on national security grounds, but not a ban on TikTok. Trump, who unsuccessfully tried to ban TikTok in 2020, has said if elected in November he would not allow TikTok to be barred.

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World

Atishi to become Delhi's new chief minister after Kejriwal's resignation

The decision was finalized during an Aam Aadmi Party (AAP) leaders' meeting 

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New Delhi: Delhi Minister Atishi Marlena is set to become the new chief minister following Arvind Kejriwal’s resignation after his meeting with Lieutenant Governor VK Saxena this afternoon.

The decision was finalized during an Aam Aadmi Party (AAP) leaders' meeting held today.

During the meeting, party leader Dilip Pandey suggested that Mr Kejriwal choose his successor. When Mr. Kejriwal proposed Atishi's name, all AAP MLAs unanimously supported the decision, and she was elected as the leader of the legislature party, according to sources.

Currently serving in key roles in the Delhi government, including education and public works, Atishi is a prominent figure in AAP’s education reform initiatives. She is an Oxford University alumnus and Rhodes scholar with extensive experience in transforming Delhi's schools.

The 43-year-old MLA from Kalkaji assumed ministerial duties after Manish Sisodia was arrested in connection with a corruption case related to Delhi's former liquor policy. During the period when Kejriwal and Sisodia were in custody, Atishi effectively represented the party’s stance.

On August 15, Kejriwal had selected her to hoist the national flag at the Delhi government's Independence Day event. Although the plan was ultimately blocked by Lieutenant Governor VK Saxena, it underscored the trust AAP leadership has in Atishi.

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