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Judge strikes president's authority to designate terrorist groups
AP on Bakersfield Californian ^ | 11/28/06 | Linda Deutsch - ap

Posted on 11/28/2006 4:32:42 PM PST by 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."


TOPICS: Breaking News; Foreign Affairs; Government; War on Terror
KEYWORDS: authority; bushhaterswin; cinobackstabbers; collins; cutandruncinos; iraqbackstabbers; kurdistan; lbackstabbers; losertarians; pkk; sanfranciscovalues; sdgt; srilanka; tamil; terroristgroups
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To: Dane
I am quite close to going postal over comments like that.

It's why I am not here as much as I used to be.

21 posted on 11/28/2006 4:42:32 PM PST by Miss Marple (Lord, thank you for Mozart Lover's son's safe return, and look after Jemian's son, please!)
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To: paudio
Everytime I see a judge rules against common sense

I happen to believe that the Legislative branch should pass laws designating terrorist organizations, with the Chief Executive either signing them in to effect, or sending them back with a veto. But that is just me. Others think that the chief executive should rule by Executive Order. We used to call those that believed in Executive Fiat Rule liberal Democrats. The infection has spread to FR.

22 posted on 11/28/2006 4:42:37 PM PST by ARealMothersSonForever (We shall never forget the atrocities of September 11, 2001.)
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To: savedbygrace

You don't know what you're talking about. This has NOTHING to do with President Bush.


23 posted on 11/28/2006 4:42:56 PM PST by Indy Pendance
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To: ARealMothersSonForever

Good luck on getting Congress to name terrorist groups. By the time they got done with it...probably years later than when it was needed, the only two terrorist groups named would be Right to Life and the NRA.


24 posted on 11/28/2006 4:44:34 PM PST by Miss Marple (Lord, thank you for Mozart Lover's son's safe return, and look after Jemian's son, please!)
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To: Dane

"Now tell me genius, how is Bush supposed to stop a lawsuit and the findings of a Clinton appointee."

He should simply say "That's the Judges decision. Now let's see her enforce it."

It's worked before.



25 posted on 11/28/2006 4:44:39 PM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Texas_Jarhead

AKA Flat out Communists.


26 posted on 11/28/2006 4:44:53 PM PST by tdewey10 (Can we please take out iran's nuclear capability before they start using it?)
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To: Dane
Now tell me genius, how is Bush supposed to stop a lawsuit and the findings of a Clinton appointee.

They seems to want a dictator to run this country

27 posted on 11/28/2006 4:45:41 PM PST by Mo1 (Thank You Mr & Mrs "I'm gonna teach you a lesson" Voter ... you just screwed us on so many levels)
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To: NormsRevenge
EO's are subject to judicial scrutiny?

It just now occured to me that one of the ways they will destroy this country and the Constitution is by making the Presidency a puppet office to .... a star chamber?

No wonder they want us to say insurgent instead of terrorist ... instilling terror is too close to home ... I said ...home.

28 posted on 11/28/2006 4:45:50 PM PST by knarf (Islamists kill each other ... News wall-to-wall, 24/7 .. don't touch that dial.)
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To: NormsRevenge
How many divisions have the judge?

My advice to Mr. President: Tell this "judge" to go f#$k himself with a hot curling iron.

29 posted on 11/28/2006 4:45:54 PM PST by lesser_satan (EKTHELTHIOR!!!)
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To: ARealMothersSonForever
I happen to believe that the Legislative branch should pass laws designating terrorist organizations, with the Chief Executive either signing them in to effect, or sending them back with a veto. But that is just me. Others think that the chief executive should rule by Executive Order. We used to call those that believed in Executive Fiat Rule liberal Democrats. The infection has spread to FR

Yeah, a nancy pelosi Congress is going to call hezbullah a terrorist group, or a democrat Senator will filabuster some other group.

I guess Congress should also run a war, with votes for every battle.

You people are ridiculous sometimes in your "constitutional piety".

30 posted on 11/28/2006 4:46:36 PM PST by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: Bigh4u2
Andrew Jackson, right?

Andy Jackson had the advantage of no electronic media and a citizenry who didn't whine about everything.

Try to imagine the President IGNORING a judicial order in this climate. We would have 24-hour news hysteria and impeachment before the end of the week.

31 posted on 11/28/2006 4:46:59 PM PST by Miss Marple (Lord, thank you for Mozart Lover's son's safe return, and look after Jemian's son, please!)
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To: Miss Marple
"It's why I am not here as much as I used to be."

There's a faction on FR that just doesn't have knowledge of the way our country is supposed to work. There are 3 branches of government, I remember that from 5th grade. The Judicial branch is not supposed to legislate. It's really that simple.
32 posted on 11/28/2006 4:47:04 PM PST by Indy Pendance
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To: NormsRevenge
Since when is national defense the purview of the Judiciary?

Judge Collins has made her decision; now let her enforce it.

33 posted on 11/28/2006 4:49:51 PM PST by Mad_Tom_Rackham (Democracy: The worst form of government, except for all the others.)
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To: NormsRevenge

Gosh, would never in a billion years thought that she is a Clintoon appointee. She probably married to Ramsi Yousef's brother too.


34 posted on 11/28/2006 4:50:13 PM PST by True Republican Patriot (God Bless America and The Republicans)
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To: NormsRevenge

Joe McCarthy was right.


35 posted on 11/28/2006 4:50:37 PM PST by Blogger
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To: Miss Marple
"We would have 24-hour news hysteria and impeachment before the end of the week."

Hysteria, definitely.

Impeachment? Not likely. How would the court's justify overruling a Presidential Order that was already deemed Constitutional?

But the gnashing of teeth and clawing of the flesh wouldn't be any worse than it is now.
36 posted on 11/28/2006 4:51:57 PM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: Miss Marple
even those of you who think Bush is a RINO.

"THINK?"

Ah, perhaps you could enlighten this poor Conservative (who voted for W--twice) on other than his WOT and his tax policy (which it is rumored he may cave to the Dhimis and allow a tax increase) in what ways does Bush NOT qualify as a RINO???

37 posted on 11/28/2006 4:52:27 PM PST by Traditional Vet
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To: NormsRevenge

I think the leftists actually want terrorists to succeed on Bush's watch so Bush can then be blamed for it. These leftists are going to get Americans killed. Presidents (both Republicans and Dems) will have no choice but resort to covert tactics to get around these judges. No President - not even a dem - will go along with this crap if their neck is on the line. Personal legacy in some cases can trump idealogy.


38 posted on 11/28/2006 4:52:57 PM PST by plain talk
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To: NormsRevenge
"This law gave the president unfettered authority to create blacklists," he said. "It was reminiscent of the McCarthy era."

This just blows my mind

39 posted on 11/28/2006 4:53:08 PM PST by Mo1 (Thank You Mr & Mrs "I'm gonna teach you a lesson" Voter ... you just screwed us on so many levels)
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To: Blogger

In more ways then one


40 posted on 11/28/2006 4:54:21 PM PST by StoneWall Brigade (GO ARMY BEAT NAVY!!!!!!!!!!!!!)
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