So does this:
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.
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."
Snicker... So true.
Democrats want Americans dead.
Despite the distortions of this story, the incompetence of the judge, and the lies of David Cole, FTO's are not "created" by George Bush in a "blacklist". In fact the process is clearly explained here:
http://www.state.gov/s/ct/rls/fs/37191.htm
Fact Sheet
Office of Counterterrorism
Washington, DC
October 11, 2005
Foreign Terrorist Organizations (FTOs)
"If the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, decides to make the designation, Congress is notified of the Secretary’s intent to designate the organization and given seven days to review the designation, as the INA requires. Upon the expiration of the seven-day waiting period and in the absence of Congressional action to block the designation, notice of the designation is published in the Federal Register, at which point the designation takes effect. By law an organization designated as an FTO may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit not later than 30 days after the designation is published in the Federal Register."
See post #183.
Great clarification! Thanks.
Good post. Good info.
Thanks.
:o)
The Legislative branch couldn't even agree on a laundry list, much less terrorist organization list.
Yes, in 1983. The Reagan-Greenspan SS reform committee investigated, and abandoned the possibility that it would get past the democrats in control of congress. In the end, a "compromise" was reached.
Yes, in 1983. The Reagan-Greenspan SS reform committee investigated, and abandoned the possibility that it would get past the democrats in control of congress. In the end, a "compromise" was reached.
Thanks for the info.
And you don't consider Alito and Roberts conservative?
"I didn't make the assertion, you did"
Wrong, the judge did...
"It was congress that gave the authority to the President and it was congress that decided how it was to be implemented."
Clearly the State Dept, is following the Congressional statute by the letter: "Foreign Terrorist Organizations (FTOs) are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA), as amended."
Etc.
Fact Sheet
Office of Counterterrorism
Washington, DC
October 11, 2005
Foreign Terrorist Organizations (FTOs)
http://www.state.gov/s/ct/rls/fs/37191.htm
and more here:
http://www.state.gov/s/ct/rls/fs/
It's astonishing that the Tamil Liberation Tigers (aka Tamil Tigers) prevailed under this harebrained judge. The Tigers virtually invented suicide bombings, long before even the Palestineans.
They also have a very long history of heroin trafficking to support their terror and arms activities (sidebar: in Phnom Penh there was an excellent and popular Tamil restaurant that also was a known center of Tiger activity; it had been covered repeatedly in the expat English newspapers and "everyone" knew about it including the U.S. Embassy; if you stayed long enough you'd eventually see the guys showing up with their aluminum briefcases as they were whisked up the back stairs to do biz, all rather obvious).
TY. I didn't know the exact laws congress has passed concerning designation of terrorist organizations but we have had this frozen asset policy for a lot longer than President Bush has been in office the only real difference is the list got bigger.
If you dig around on the FTO site you'll find plenty of refs to previous and related statutes, I didn't really pay much attention to them.
Every time I hear one of Pelosi's idiotic utterances, I silently curse the protest voters.
I know I need to try to remember Christ's words on the cross, "Forgive them Father, they know not what they have done".
So does this:
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.
According to the Constitution, only Congress has the right to determine the type and nature of coinage and money in the United States of America. The ruling of this "judge" is unconstitutional and unlawful.
"And I want to thank the protest voters oh, so much for giving us a minority in the Senate."
Please provide a link showing the effect of "protest voters", if there was such a thing, on the elections. I keep seeing people whining about them as being responsible for the Democrats taking over congress, but every poll I've seen shows that voters wanted a new direction on the Iraq war and they were fed up with congressional corruption. It seems that "party" people keep trying to find a scapegoat for their parties own incompetence rather than addressing the problems the voters pointed out to them.
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