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."
That's not the point of this thread. A dem appointed judge decided she's above doing her job.
Slowly but surely we are dying a death of a thousand pin-pricks.
We better go BALLS OUT now and kill everything that moves or we're going to get to a point where we'll have no power to throw a rock at a muslim.
Constitutionally, ONLY congress has the authority to declare war. They also provide funding. A little known fact is that the President provides a status update to congress every 60 days under the War Powers scenario (which is what we have today). Don't be silly about battle plans being voted on. Congress actually does approve and fund the plans.
MM: If I had wanted to say it was Bush's fault, I would've said it was Bush's fault.
No, I'm saying that my opinion of Gonzales is that he isn't a wonderboy lawyer. IF he wrote the legalese in that EO, he was a slacker, leaving the door open for this judge.
Yes, I DO have great disdain for the judge, but there had already been several tons of disdain for the judge deposited on the thread, so why add mine to it, unless I had a specific point to add?
BTW, I have no idea if AG or HM had anything to do with the EO. It's likely, but I don't know.
Clear?
IP: President Bush signed the EO. How could it possibly have nothing to do with him? Of course it has something to do with him. However, my point had to do with Alberto Gonzales, not his boss. So, your comment is misplaced.
Neither is the Executive branch supposed to legislate.
This thread has nothing to do with Alberto Gonzales or Harriette Myers, your post is misplaced.
another terrorist group.........JACC.
EXACTLY !! When will the legislators of this country have the courage to stand up and inform judges that their job does not include making laws! Although the Calif legislature is probably just as bad as the judges in Calif. I am FED UP with having judges endanger our country while those we elected to "represent us" do nothing.
Is Judge Audrey Collins on the 9th circuit court?
But the Executive Branch is in charge of keeping our country safe. You might want to re-read your tag.
I read this as yet another example of liberals saying the war is over, which is tragic, because actually, it's barely even begun yet.
Already being done, voluntarily - part of his "new tone in Washington" policy of inaction and appeasement.
Remember Zell Miller's War Cry at the National Convention!
" By the time They are done, We won't be able to throw Sitballs at Our Enemies!"
He is right! They will rule rocks are to dangerous to throw at the terrorists. Invite them to dinner and talk to them and they will be our friends, Yuk!!
The Democrats of yesteryear are no more, they are truly the Demorats of today!
No, she sits as a Federal Judge on the United States District Court, Central District of California, she is based in Los Angeles.
Wow, you missed Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Back to school for you ;)
Hardcover delivered to your mailbox in a week for $15.86 here.
If you go far enough right or far enough left you end up in the same place - an ugly idealistic mess devoid of reality. People can whine about Bush on immigration and spending but when it comes to the WOT Bush has done about all he can do given the spolied American people.
Screw you, judged.
We're going to have to fight these guys with the same dirty tools they are using against us.
Do you want to protect the terrorists, or do you just hate the President that much? And what does the judicial branch have to do with the legislative branch?
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