In a victory for nonprofits a federal district court in Los Angeles has ruled key portions of the Executive Order used to designate organizations as supporters of terrorism are unconstitutionally vague. The case was brought by the Humanitarian Law Project, which wants to provide support for "lawful, nonviolent activities" of the Kurdistan Workers Party and Tamil Tigers, which have been designated as terrorist organizations.

The court said Executive Order 13224's language allowing designation of people and groups "otherwise associated" with terrorism is "unconstitutionally vague on its face." The 46 page court opinion also said the order lacks standards for designating terrorists, giving the President unconstitutionally broad discretion.

In a press release from the Center for Constitutional Rights Georgetown Law professor David Cole said,

This law gave the president unfettered authority to create blacklists, an authority President Bush then used to empower the Secretary of the Treasury to impose guilt by association. The court's decision confirms that even in fighting terror, unchecked executive authority and trampling on fundamental freedoms is not a permissible option."

As reported, Comerica Bank told the charity Life For Relief and Development that it planned to terminate their accounts on November 15. The group was granted an extension, but now the charity has filed a lawsuit against the bank charging that their civil liberties have been violated by planning to close its accounts.

The charity, Life for Relief and Development, also seeks an injunction to stop Comerica Bank from giving other banks any information it might have about the organization. The charity is challenging the constitutionality of a section of the Patriot Act, which allows financial institutions to share information about suspected money laundering or terrorist activity.

The Washington Post article can be read here.

Posted by Amanda Adams, 05:13:45 PM