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Wednesday, November 29, 2006

Federal Court Strikes Down Parts of EO Used to Shut Down Charities

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."