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."
It's why I am not here as much as I used to be.
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.
You don't know what you're talking about. This has NOTHING to do with President Bush.
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.
"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.
AKA Flat out Communists.
They seems to want a dictator to run this country
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.
My advice to Mr. President: Tell this "judge" to go f#$k himself with a hot curling iron.
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".
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.
Judge Collins has made her decision; now let her enforce it.
Gosh, would never in a billion years thought that she is a Clintoon appointee. She probably married to Ramsi Yousef's brother too.
Joe McCarthy was right.
"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???
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.
This just blows my mind
In more ways then one
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