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Judge strikes law citing 'terrorist' groups
THE WASHINGTON TIMES ^ | June 27, 2002 | Ben Barber

Posted on 07/05/2002 2:15:16 PM PDT by demlosers

Edited on 07/12/2004 3:38:35 PM PDT by Jim Robinson. [history]

A U.S. law authorizing the State Department to designate groups as "terrorist" and which allows those who support them to be prosecuted has been declared unconstitutional by a federal judge, throwing U.S. anti-terrorism strategies into disarray.

A U.S. official who has been dealing with the issue said yesterday there will be "serious problems" if the decision stands on appeal. The U.S. government could no longer use the existing law to prosecute those who give "material support" to groups on the list such as Hamas, al Qaeda, Islamic Jihad and Hezbollah.


(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: antiterrorism; justicedepartment; terrorism; terrorwar; unconstitutional; uslaw
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Back to the drawing board
1 posted on 07/05/2002 2:15:16 PM PDT by demlosers
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To: demlosers
Clinton appointee?
2 posted on 07/05/2002 2:19:10 PM PDT by KantianBurke
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To: KantianBurke
Sounds like the judge just gave aid and comfort to terrorists.
3 posted on 07/05/2002 2:20:28 PM PDT by Naspino
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Comment #4 Removed by Moderator

To: nohorse
Right on.

Amazing how few people understand this.

5 posted on 07/05/2002 2:23:10 PM PDT by Lumberjack
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To: demlosers
U.S. District Judge Robert M. Takasugi in Los Angeles

Isn't this judge from the same band of miscreants who found the Pledge of Allegience to be unconstitutional?

6 posted on 07/05/2002 2:24:04 PM PDT by Willie Green
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To: KantianBurke
Clinton appointee?

I don't know, but I believe he's under the U.S. Court of Appeals for the Ninth Circuit.

7 posted on 07/05/2002 2:24:52 PM PDT by demlosers
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To: Willie Green
Yes
8 posted on 07/05/2002 2:25:30 PM PDT by demlosers
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To: Naspino
Maybe he gave aid and comfort the the Bill of Rights, which is looking increasingly sick.
9 posted on 07/05/2002 2:28:26 PM PDT by bloggerjohn
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To: demlosers
This judgement was issued Friday, June 21, 2002.

That's two weeks ago folks!

10 posted on 07/05/2002 2:30:23 PM PDT by Amerigomag
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To: nohorse
I have no problem with frying the bastards, but the NO Hearing crap is too darn close to our grievances with King George III back in the 1770's.

I'm with you. We can get security clearances for jurors if we have to, but lets stop ignoring the Bill of Rights.

11 posted on 07/05/2002 2:30:42 PM PDT by AdamSelene235
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To: demlosers
Judge Takasugi obviously thinks supporters of terrorist groups need due process. Apparently he doesn't know we were attacked on 911. Isn't it wonderful to see a federal judge concur in the view the Constitution CAN be a suicide pact? This is another one of those decisions that makes people's already low regard for the federal judiciary even lower.
12 posted on 07/05/2002 2:30:58 PM PDT by goldstategop
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To: demlosers
Perhaps the law can be repaired by instituting a hearing with some processes defined. Hopefully it would not involve a full blown OJ style process.
13 posted on 07/05/2002 2:33:43 PM PDT by Dialup Llama
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To: demlosers
Well, laws like this sound fine and good, when it's applied to the bad guys.

But consider this scenario:

1995. Clinton has the Patriot Act in force. OKC bombing occurs. Clinton declares Free Republic an anti-government terrorist group. Clinton orders everyone arrested who contributed to FR.

I believe the Patriot Act has a sunset clause. Unfortunately, I suspect there is about as much chance of Congress failing to reauthorize it as there is of them failing to renew the "assault weapons" ban.

14 posted on 07/05/2002 2:36:42 PM PDT by B Knotts
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Comment #15 Removed by Moderator

To: Dialup Llama
I agree. A hearing of some sort would go a long way towards legitimizing
the terrorist organization list.
16 posted on 07/05/2002 2:38:23 PM PDT by B Knotts
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To: Lumberjack
Why doesn't he just let the accused defend the case by saying that X is not a terrorist group? If he proves it, he'll be not guilty.
17 posted on 07/05/2002 2:39:50 PM PDT by Shermy
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Comment #18 Removed by Moderator

To: demlosers
Actually, many provisions of the 1996 Anti-terrorism Act tht was pushed into la by Clinton after OKC were blatantly unconstitutional. I am glad to see them come apart.

Like with many of the Drug Laws, if we use an external threat to justify the aborgation of our rights ... we all lose big time.

I am for law enforcement going after bad guys who attack us, and to take it to their holes and inner sanctums ... but I do not believe you pass broad laws that can be applied to us all that allow for rights to be trampled.

Warrantless Searches, Annonymous Informants, No hearings, No probable cause, Being held indifinitely, snaek and paek, etc., etc. are all dangerous precedents that could just as easily one day be targeted against any of us as soon as they make what we do, believe, or say "unlawful".

What we need is to get back to the foundation and have people swiftly tried and swiftly punished for misdeeds ... but only after due process. I believe that is still possible, but its going to take major changes with getting a lot of existing law off the books and changes to regulations/policies/precedent associated with lawyers, technicalities, etc. Will not come fast, easy or sure short of a major train wreck which could turn into a cure much worse than the disease because it would allow even worse possibilities on the stage.

In the end, we will all (are a goodly number of us) hve to get involved to make it happen. That's the key, to willingly get involved and make things happen before they are forced on us in the heat of the moment. We are heading for a time, IMHO, when that is exsactly what is going to occur.

Anyhow, just my two-bits worth.

19 posted on 07/05/2002 2:41:10 PM PDT by Jeff Head
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To: Naspino
Sounds like the judge just gave aid and comfort to terrorists. 3 posted on 7/5/02 2:20 PM Pacific by Naspino [

DITTO !!

20 posted on 07/05/2002 2:42:26 PM PDT by timestax
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