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."
I am not the conspiracy theory type..
But, I am really beginning to think that the Shadow Government is REAL...and working to take down Pres. Bush from every direction...especially the judiciary.
You think these designations are just handed out like candy at a parade to the kiddies?
I have to agree with you. There is an inner workings, and it includes the msm.
Only if there is evidence that neither one had a hand in the construction of the EO. Do you have such evidence?
And before you hyper-ventilate, note that I never said they DID have a hand in it. I asked IF they had.
Have you read Mark Steyn's book, America Alone: The end of the World as we Know It?
No. Thanks for the link.
Amen. It is pretty damn pathetic to see fools play politics with calling GW a Rhino when he has kept us safe for over five years now. He is the only POTUS that has gone after terrorism and he does a damn good job at it. I am proud he is my POTUS during these dangerous times.
Great post, MM!!
When the Executive branch appeared before her to plead their case they tacitly conceded she was doing her job.
Is that your final answer?
LOL.
Probably not.
Answer my question, and don't try to put meaning to my words that isn't there. Do you know the process for these designations being applied to groups?
Read the FrontPage mag piece , it may help fill some gaps in for ya. Your b-i-l is in the clear, for now anyway, as long as he keeps losing at poker. ;-)
This can ignored.
Interesting that you should ask- Article III, section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
As to your accusation of hate for the President, I choose not to dignify that with a response.
I'm with you on this Rooney- The left seems hell bent on sending htis country straight to hell by binding the hands of the president- Someone likened Pres. Bush blacklisting terrorist groups to the McCarthey Era? Bull crap! President Bush isn't listing people in this country UNLESS they are actively supporting terrorist groups abroad (or even here in the U.S for that m,atter) and who are committing Treason against their own country the U.S. Dems seem bent on supporting treasoners! http://sacredscoop.com
Friggin' done.
I really hate this slow torturing on what America was to what it is morphing into !
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