Judge strikes president's authority to designate terrorist groups

AP on Bakersfield Californian ^ | 11/28/06 | Linda Deutsch - ap

[NormsRevenge]

A federal judge has ruled that a portion of a post-Sept. 11 executive order allowing President Bush to create a list of specially designated global terrorist groups is unconstitutionally vague.

U.S. District Judge Audrey Collins, in a Nov. 21 ruling released Tuesday, struck down the provision and enjoined the government from blocking the assets of two foreign groups which were placed on the list.

The ruling was praised by David Cole, a lawyer for the Washington, D.C.-based Center for Constitutional Rights.

"This law gave the president unfettered authority to create blacklists," he said. "It was reminiscent of the McCarthy era."

Charles Miller, a spokesman for the U.S. Department of Justice, said, "We are currently reviewing the decision and we have made no determination what the government's next step will be."

The judge's ruling was a reversal of her own tentative findings last July in which she indicated she would uphold wide powers asserted by Bush under an anti-terror financing law. She delayed her ruling then to allow more legal briefs to be filed.

The long-running litigation has centered on two groups, the Liberation Tigers, which seeks a separate homeland for the Tamil people in Sri Lanka, and Partiya Karkeran Kurdistan, a political organization representing the interests of Kurds in Turkey.

Both groups have been designated by the United States as foreign terrorist organizations.

The judge's 45-page ruling granted in part and denied in part a legal challenge brought by the Humanitarian Law Project, which seeks to provide training to the groups in human rights advocacy and provide them with humanitarian aid.

The judge outlined the history of Bush's Executive Order 13224 issued under the International Emergency Economic Powers Act in the days after the Sept. 11, 2001, attacks. He declared then that the "grave acts of terrorism" and the "continuing and immediate threat of future attacks" constituted a national emergency.

He blocked all property and interests in property of 27 groups or individuals named as "specially designated global terrorists (SDGT)." Bush also authorized the secretary of the treasury to designate anyone who "assists, sponsors or provides services to" or is "otherwise associated with" a designated group.

Collins found that Bush's authority to designate SDGTs is "unconstitutionally vague on its face." She also found that the provision involving those "otherwise associated with" the groups is vague and overbroad and could impinge on First Amendment rights of free association. She struck down both provisions.

However, she let stand sections of the order that would penalize those who provide "services" to designated terrorist groups. She said such services would include the humanitarian aid and rights training proposed by the plaintiffs.

Cole said the Humanitarian Law Project will appeal those portions of the executive order which were allowed to stand. He said the judge's ruling does not invalidate the hundreds of SDGT designations already made but "calls them into question."

Cole said the value of the decision is it "says that even in fighting terrorism the president cannot be given a blank check to blacklist anyone he considers a bad guy or a bad group and you can't imply guilt by association."

[babygene]

Spell check can only do so much...

[jdlucas04]

Why don't you read your tagline before posting.

[Danae]

McCarthy WAS RIGHT for God's sake!

Someone give Cole a dirt nap.

[B4Ranch]

The problem is with Republican leaders in Washington who are traitors to the US Constitution and the values of the American people.

[nopardons]

Not the Dems? LOL

[Brian Allen]

<< The problem is with Republican leaders in Washington who are traitors to the US Constitution and the values of the American people. >>

The problem with the "Republicans" in Washington is with those "Republican" among them who are not Republicans who are in Washington.

On our side of politics we are who and what we say we are but the "Democrats" run a percentage of their side as "Republicans" -- and our supporters, who project themselves upon whomsoever they see and know, elect them.

And then there is the fact the "Democrats," during the 70-odd years they absolutely owned operated and controlled it, so corrupted the entire federal government process and (by stacking them with their activists and sleepers) the federal government's bureaucracy and judiciary as to make both of those but extensions, branches if you like, effectively, of the DNC.

And then there are the decades of graft, fraud, stand-over tactics, shakedowns and blackmails -- of which those stemming from the Clinton "administration's" -- Hilary Clinton's especially -- theft, ownership and employment of thousands of stolen FBI files is but the visible tip.

That's the problem.

The surprise, considering the gauntlet they've had to run, the "Democrat" electoral fraud they've had to surmount and the continuing assault upon them once they get there, is that there ARE any Republicans, leaders or otherwise, in Washington.

[nopardons]

Great post! :-)

[Ernest_at_the_Beach]

There is a book (now available in paperback ):

***********************

Unholy Alliance: Radical Islam and the American Left
(Hardcover)
by David Horowitz

********************************************************

And reviews:

****************************************

Editorial Reviews

Rich Lowry, Editor National Review

David Horowitz is synonymous with pyrotechnics. A historian and polemicist of the first order, he is paid the ultimate compliment --This text refers to the Hardcover edition.

Davis Hanson, Author, Ripples of Battle

An original look at those who want us to fail in the Middle East, both at home and abroad. The --This text refers to the Hardcover edition.

***********************************************************

See all Editorial Reviews

Fascinating Analysis of Leftist Goals, August 13, 2006

Reviewer: N. Sincerity - See all my reviews

A former 1960s radical, Horowitz is well-acquainted with the Leftist mindset. In this book, he strives to explain the modern alliance between left wing progressivists and radical Islamofascists. He argues that this alliance is based on a common desire to destroy Western capitalism. Leftist sympathy with Islamofascist ideas makes no sense from an intellectual point of view, given that countries ruled by radical Islamists are among the most racist, sexist, theocratic states in the world today. However, Leftists have recognized that they can benefit politically from destructive terrorist attacks on the Western world. A West under attack can be made to turn on its leaders in fear and desperation (as they did in Spain after the Madrid train bombings). Only once people reject current government structures can the Left execute its anti-capitalist revolution and build a new reality that mirrors the Leftist view of utopia. The complete and utter idealogical hypocrisy of the Islamofascist-Leftist alliance is distressing, but as Horowitz reminds us, Leftists radicals truly believe the ends justify the means.

***************************************

[Ernest_at_the_Beach]

See post # 228.

[Bronzewound]

There is an inner workings, and it includes the msm.

The MSM is the cornerstone. If the MSM reported just 25% of the news that is reported here, most regular folks would be up in arms. But most don't know, and that is the biggest part of the problem.

[Bigh4u2]

And Judges are not Law Makers.

Try getting a clue of your own.

[BuffaloJack]

Is "unconstitutionally vague" the same as "constitutionally clear"? (double negative stuff & all)

[SJackson]

If you'd like to be on this middle east/political ping list, please FR mail me.

High Volume. Articles on Israel can also be found by clicking on the Topic or Keyword Israel. or WOT [War on Terror]

----------------------------

[HarleyLady27]

I am really glad we have the President we have, can you imagine another klinton in there?

This judge is a klinton appointee, and doesn't matter what she does, our President will continue to fight the WOT with dignity and respect, just like he always has.....

[Marine_Uncle]

I just may purchase the book one of these days.

[Edgerunner]

"This law gave the president unfettered authority to create blacklists," he said. "It was reminiscent of the McCarthy era."

The "judge" is obviously afraid of that era, probably due to the "judge's" ideology...

[painter]

Congress failed us on September 11th. Not the previous Chief Executive, not the current Chief Executive. The 107th, 108th, and 109th Congress each failed the United States of America. That is why they were so ecstatic to punt it over to the Executive under War Powers.

You are wrong.Back in the 90's Bill Clinton had numerous opportunities to kill Bin Laden and dismantle alqueda(sp?),but was too cowardly to do it. On your second point If the Chinese decided to launch an all out nuclear attack against us we have to wait until Nancy P and Harry Reid tell the President Bush it's OK to strike back? Thats what you are saying.

[Cold Heat]

Oh well, play like a Rino, die like a Rino.

Ahhhh....Ummmmm,,,......Methinks that the definition of RINO may come into question....

By by political compass, a lot of so called purist conservatives failed to support the party and became RINOS by default.

So your comment is probably true, but not in the way you actually meant it.

[Mrs. Darla Ruth Schwerin]

A federal judge has ruled that a portion of a post-Sept. 11 executive order allowing President Bush to create a list of specially designated global terrorist groups is unconstitutionally vague.

I missed the part of the Constitution that says the courts can overrule the President of the United States. Who died and put this dumb broad in charge? People should get hold of the fact that judges and courts can do no such thing. And wimpy Congress best get their little touche in gear and tell these courts to take a fast hike where no one cares if they come back...

[justshutupandtakeit]

Why would you make such an idiotic comment? If Bush is a RINO then 90% of the GOP is RINO which makes the term nonsense.