Judge gives $65M to USS Pueblo Captives

National News

A federal judge in Washington, D.C., ordered North Korea to pay $65.85 million to two crew members of the USS Pueblo, the commander's widow and a civilian oceanographer for kidnapping and torturing the ship's crew in 1968.
    In a sordid 33-page ruling, U.S. District Judge Henry Kennedy describes how the crew members were systematically beaten and tortured during 11 months in captivity.
    William Thomas Massie, Donald Raymond McClarren, Dunnie Richard Tuck and the estate of Lloyd Bucher, the ship's commander, sued North Korea for damages, alleging egregious violations of human rights.
    The USS Pueblo was captured in the Sea of Japan, about 25 miles off the coast of North Korea, while on an electronic surveillance mission on Jan. 23, 1968.
    The crew was dragged off the ship while bound and blindfolded, and led through a crowd of hostile and unruly North Koreans, who shouted insults and spat at them. The guards also kicked their legs and administered "karate chops," the ruling states.
    The captives were then transported to Pyongyang, where they were taken to a "prison" nicknamed the "Barn" on the outskirts of town. There, they were separated into rooms of four prisoners each. The conditions were cold and dark, and there was no running water. The prison was infested with rats and bed begs, one of which bit Massie, causing him to develop a severe infection that had to be lanced by a North Korean doctor without the use of an anesthetic. Bucher lost about 50 pounds, Massie lost 51 and Tucker lost 37.
    For almost a year, North Korean officers beat, starved, tortured and intimidated the men, in order to coerce them into confessing that they were spies for South Korea. The captors tried to get Bucher to sign a typed statement that he was a CIA spy trying to incite a war.
    Though Bucher initially refused to sign, he eventually capitulated after his captors threatened to shoot his crew, in his presence, one by one.
    While the men were being held hostage, the North Koreans tried to extract a public apology from the U.S. government. The hostages were forced to participate in staged press conferences and propaganda films, which they sabotaged by inserting corny, archaic language into the prepared statements and sticking up their middle fingers in pictures and videos. They told the North Koreans that the middle finger gesture was the "Hawaiian Good Luck Sign." When the captors discovered the true meaning of the obscene gesture, they ramped up the beatings, launching a campaign of torture dubbed "Hell Week."
    Judge Kennedy said countries that sponsor terrorism forfeit their sovereign immunity. And although the plaintiffs were released 25 years before Congress enacted the Anti-Terrorism and Effective Death Penalty of 1996, Kennedy said Congress intended it to apply retroactively.
    Because North Korea never responded to the damage claim, Kennedy entered judgment for the plaintiffs. He awarded Massie, McClarren and Tuck $16.7 million each, while Bucher's estate recieved $14.3 million. Bucher's widow, Rose, won $1.25 million.
    "The effects of the outrageous conduct of North Korea will be felt by Massie, Tuck, McClarren and Rose Bucher for the rest of their lives," Kennedy concluded.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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