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."
How old are you.....11?
The power of the president to conduct foreign affairs are able to be negatived by the Senate, not the Judiciary.
In this case that was not done.
Americans of course have no Constitutional right to interfere in other countries' affairs. None at all.
All power over foreign affairs resides in the federal government.
Just unbelievable! Anyway the decision by this traitor liberal judge will be struck down in a higher court.
Go buy some clues........PLEASE!
Federal Judges are just a few rulings away from granting absolute power unto themselves.
Read this book:
Mark Steyn's America Alone: The end of the World as we Know It
Little just signed up newbie, the term RINO does NOT stand for anyone in the GOP who is NOT as far right as to be falling off the cliff!
Jeez. Bad day for the fight on terror.
TWO Clinton judges found in favor of terrorists.
It's the left's ballgame now, they will have to deal with the consequences and however many bodies start to pile up.
Three...you forgot Reagan!
who's driveling?
I didn't make the assertion, you did. Please explain to us what confuses you.
I know I won't be popular but I agree with the judge. The law is too broad and allows the president to arbitrarily declare practically ANY group a 'terrorist organization'.
I could see the Hildebeast declaring that the NRA was a terrorist organization based on their support for gun rights.
He might be newer here than me, but his post seems reasonable. W is no more conservative than Kennedy was. The times have changed. Do you consider a Reagan Republican off the edge? Is Newt out of line?
Either stick to the thread's topic, or get off it.
We covered that a couple up. The CiC has power to conduct (wage) the war, the Congress is supposed to declare (and finance) wars. This is why Title 50, chapter 33 War Powers Resolution has withstood judicial scrutiny. Just because I think it gives Congress a cop-out does not make it unconstitutional ;)
http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_33.html
I could have guessed she was a Clinton appointee. The Democrats are totally useless when it comes to governing. And their playing up the nonentity, Hillary, as President. I wouldn't vote for a Democrat for Sanitation Commissioner.
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