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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: NormsRevenge
"My black robe is in the cleaners.."

...and it should probably stay there to.

BTW, You didn't ask a serious question. Just some dribble about how they made up the list, which is completely irrelevant. The judge didn't question the list, just the vague wording.
121 posted on 11/28/2006 6:39:24 PM PST by babygene
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To: lesser_satan

How old are you.....11?


122 posted on 11/28/2006 6:40:30 PM PST by nopardons
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To: ARealMothersSonForever
"The power of the Executive to repel sudden attacks and to conduct wars (as the Commander In Chief) was not the subject of this judicial decision."
It was the subject of your post #43 to which I replied and you then requested more info from me. I hope my effort gave you some satisfaction, however small.

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.

123 posted on 11/28/2006 6:41:46 PM PST by mrsmith
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To: NormsRevenge

Just unbelievable! Anyway the decision by this traitor liberal judge will be struck down in a higher court.


124 posted on 11/28/2006 6:41:59 PM PST by jveritas (Support The Commander in Chief in Times of War)
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To: Bigh4u2

Go buy some clues........PLEASE!


125 posted on 11/28/2006 6:42:18 PM PST by nopardons
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To: NormsRevenge

Federal Judges are just a few rulings away from granting absolute power unto themselves.


126 posted on 11/28/2006 6:43:03 PM PST by F.J. Mitchell (We'll stop calling you liberals,liberals, as soon as we find a title that pisses you off more.)
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To: NormsRevenge; All
Yes, Hey, all y'all... you want this book.

Read this book:

Mark Steyn's America Alone: The end of the World as we Know It

127 posted on 11/28/2006 6:43:22 PM PST by glock rocks
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To: Traditional Vet

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!


128 posted on 11/28/2006 6:44:03 PM PST by nopardons
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To: NormsRevenge

Jeez. Bad day for the fight on terror.

TWO Clinton judges found in favor of terrorists.


129 posted on 11/28/2006 6:44:53 PM PST by Mr. Brightside ("You people make me stink!")
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To: AmishDude
"Prove it. Just because you (or the judge) are too stupid to understand it"

But YOU understand it, don't you dude. Why don't you explain it to me. I would submit from your tone that you understand nothing. You haven't even thought about it.
130 posted on 11/28/2006 6:45:11 PM PST by babygene
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To: NormsRevenge

It's the left's ballgame now, they will have to deal with the consequences and however many bodies start to pile up.


131 posted on 11/28/2006 6:49:24 PM PST by SouthTexas (Nature's answer to global warming---snow.)
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To: Max Friedman

BTTT


132 posted on 11/28/2006 6:49:41 PM PST by nopardons
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To: Extremely Extreme Extremist

Three...you forgot Reagan!


133 posted on 11/28/2006 6:51:08 PM PST by nopardons
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To: babygene

who's driveling?


134 posted on 11/28/2006 6:52:55 PM PST by NormsRevenge (Semper Fi ...... Kyl / Cornyn in '08)
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To: babygene

I didn't make the assertion, you did. Please explain to us what confuses you.


135 posted on 11/28/2006 6:53:14 PM PST by AmishDude (Mark Steyn is my hero.)
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To: samadams2000

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.


136 posted on 11/28/2006 6:53:44 PM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: nopardons; Traditional Vet

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?


137 posted on 11/28/2006 6:53:49 PM PST by glock rocks
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To: bluetone006
Wrong thread and some of that crabgrass, is NOT allowed to be posted to FR!

Either stick to the thread's topic, or get off it.

138 posted on 11/28/2006 6:54:13 PM PST by nopardons
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To: PghBaldy
NOT that Congress is the CiC.

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

139 posted on 11/28/2006 6:54:24 PM PST by ARealMothersSonForever (We shall never forget the atrocities of September 11, 2001.)
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To: NormsRevenge

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.


140 posted on 11/28/2006 6:55:44 PM PST by popdonnelly
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