In that context, federal agents showed up at Chhun's home on a June day in 2005 and arrested a man whom they had left free to fill out tax forms for four and a half years after Operation Volcano.
A federal grand jury indicted Chhun on four conspiracy charges on May 31, 2005 — a day before the statute of limitations ran out on several charges. The accusation involved the Neutrality Act, a 200-year-old law that prohibits working from American soil to overthrow a foreign leader or government that the United States is at peace with. It could lead to a maximum prison sentence of three years. (Chhun had suggested to me that, since he wasn't involved in securing weaponry and because his significant actions were conducted in Thailand, there was no violation.)
But the indictment included more menacing charges: conspiring to kill and damage property in a foreign country, and the use of weapons of mass destruction outside of the United States. ("Weapon of mass destruction," it turns out, can refer to any explosive or incendiary device, bomb or even a grenade.)
A new U.S. ambassador to Cambodia, Charles Ray, communicated his gratitude, via the FBI legal attaché in Bangkok, to staff in the Los Angeles division of the U.S. Attorney's Office.
Beyond issues of justice, Ray's note says, "This case is a very important achievement for U.S. relations in Southeast Asia, and is key to building regional cooperation in counterterrorism."
Soon after Chhun's arrest, Deputy Director of the FBI John Pistole visited Phnom Penh, where he told senior Cambodian officials that the FBI would train local police on counterterrorism matters, and he gave a number of awards for "important contributions" to the prosecution of Cambodian Freedom Fighters.
Defense attorney Callahan argues that pre-9/11, American officials saw Hun Sen as a "murderous despot" and Chhun's efforts to oust him were tacitly accepted, until Washington pivoted and Chhun became "an expendable pawn" in U.S. efforts to gain an antiterror ally in the region. "Hun Sen didn't change," Callahan summarizes, "the world did."
In 2008, Chhun was found guilty on all four charges.
THE MESSAGE OF LIFE
The following year, the prosecution prepared a court brief that called for a harsh sentence: "The United States cannot allow her citizens and residents to plan and execute violent attacks against foreign citizens or governments. U.S. foreign policy must speak with one voice and unauthorized violent attacks against foreign entities, no matter how well intentioned, subject the United States to broad international and political ramifications, including possible retaliation."
The defense argued for a five-year sentence, which would amount to time served, citing Chhun's tragic history, his exemplary time in jail and his law-abiding years between his return from Cambodia and his arrest.
But, like the prosecution, the judge wanted to send a message — not to potential émigré revolutionaries from repressive countries, ranging from Algeria to Zimbabwe, but to foreign governments themselves. "We, as a great nation, cannot send the message to other countries that it's OK to be lenient when people attempt to kill Americans," the judge concluded, noting that the United States must therefore reciprocate by treating homeland-focused revolutionaries on American soil "very, very harshly." So last June, Judge Pregerson sentenced Chhun to a lifetime behind bars.
A lifetime. That's what made no sense to Callahan.
The irony that the judge was calibrating the scales of justice to induce foreign leaders to cooperate with Washington was particularly salient in a case in which Chhun was convicted for getting in the way of the United States' evolving foreign policy
But there was a far more cruel irony in Chhun's life sentence. Just one month later, a mixed Cambodian and international tribunal focusing on crimes against humanity in Phnom Penh finally sentenced the first Khmer Rouge figure for horrific crimes committed more than three decades earlier.
Kaing Guek Eav, known as "Duch," was the meticulous overseer of an elementary school turned torture center, the notorious Toul Sleng, where 12,273 prisoners died. Most were executed — including with shovels, to spare bullets. Some were pulled apart on medieval-style racks. If the sadistic prison boss lives 19 years beyond the moment when he was sentenced, he will be free.
Yasith Chhun, meanwhile, isn't known to have ever fired a bullet to overthrow Hun Sen, a man who has thrived thanks in part to well-documented coercion, torture and the assassinations of his enemies.
I wrote to Chhun after his sentencing. I wanted to know whether the contrast between his sentence and the one given to Kaing Guek Eav shook his faith in American justice.
"It breaks my heart to say it, but yes," Chhun wrote from the jail cell at the Metropolitan Detention Center downtown. "I continue to believe in the American system of justice with all my heart."
But, he added, "In my case, it failed."
THE PRICE OF FAILURE
A decade after 9/11, Washington is in the midst of another epochal sea-change in regard to its interactions with autocrats. The Obama administration is offering various levels of support for popular movements seeking to topple repressive regimes across much of North Africa, the Middle East and countries farther afield.
It appeared at the time of the attack that Chhun's story was so implausible that the whole thing had been a conspiracy hatched by Hun Sen to flush out his enemies, and Chhun was acting for him, either deliberately or as, Rainsy says, as his dupe. Do you now think there's any truth to that or is what you see what you get with Chhun. Was much new evidence brought out in the trial?
Interesting. I want to feel sympathy for Chhun, but the story is so one-sided that I'm not sure what to believe. I do believe U.S. foreign policy is fucked though.
By the way, The Prince of Egypt was made by DREAMWORKS ANIMATION and not Disney. It was one of their first productions.
This is the best cover article I've read in LA Weekly since you were taken over by corporate interests! Good work, fascinating story.
I gather from the tone of the article that we are supposed to feel that a miscarriage of justice took place. But the only problem I see is that the individual wasn't arrested once it became apparent that he was responsible for the attack that cost so many lives in Cambodia. The part about his growing up under the Khmer Rouge is indeed very sad, but it doesn't justify his vigilante tactics.
"cost so many lives"... are you kidding me. 3-10 deaths isn't much compared to the of deaths committed by the current political party in Cambodia. Ted Kane what do you know about suffering and oppression, its easy to judge someone thats lived a comfortable bourgeoisie life.
I gather from the tone of the article that we are supposed to feel that a miscarriage of justice took place. But the only problem I see is that the individual wasn't arrested once it became apparent that he was responsible for the attack that cost so many lives in Cambodia. The part about his growing up under the Khmer Rouge is indeed very sad, but it doesn't justify his vigilante tactics.
Educated Individuals will check the true history.The article fails to point out that without Vietnam the KR would have killed many more in Cambodia.The Journalist did not quote US State Dept facts about Hun Sen winning electionsand continued to chant Hun Sen opposition rhetoric propoganda. As far as Yasith making a million USD ,What idiot did not ck Yasith's tax returns?. Many of Yasith's clients according to reports from L.B. had problems with the tax returns reporting false/ incorrect information. Also the reporter should ask Chunn Yasith if he knew how to ballance his own business cking account.Any one asking who the real suckers are? Yasith had a few wives.His children and family lack a stable life style. Whacked out in the head good you pointed out he sees a shrink.Many in L.B. feel Yasith was betrayed by a major Republican Congressman that in the past has also praised or supported Sam Rainsy.Was he motivated a little by the guy who wants to get every Commie? A major Republican in the US Congress made the statement similar to "if Hun Sen wins the election there will be less US Aid to Cambodia"...
Many died because of Yasith.He not only could have ruined relations between the USA and Cambodia but he could have added to Cambodian poverty and hindered relations.With Hun Sen came thousands of schools, bridges, new roads, peace and development.What has Sam Rainsy, Chunn Yasith brought besides deceit and despair.? Does sam Rainsy pay tax on all the money he bleeds from the USA supporters?The Gernade attack 1997 was mis leading when many think Sam Rainsy staged the event to make Hun Sen look bad.1993 Hun Sen at the Paris Accords wanted the KR put on trial for Genocide. 1997&1998 Sam Rainsy joined with the KR to overthrow the faily elected Govt of Cambodia. Please check the US State Dept reports. Shame on you for not reporting all sides of the story.Yasith claims to favor democracy. Did he think of a vote vs using drunk terrorists?Gary Fultheim, UCC Plaza Long Beach Calif
Now that the strong message has been sent, hopefully the 9th Circuit will decide that the sentencing judge gave undue weight to improper criteria and Chhun will be free.
There is a lesson -- however. And people will not like to hear it, but Faith is dangerous. Without his irrational Faith that GOD called him to this mission, Chhun would probably assessed the situation in a more realistic light. Had Chhun assessed Facts rather than relied on Faith, many people would not have died and Hun Sen might not still be in power.
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