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Dead Constitution
See other Dead Constitution Articles

Title: Judge Strikes Down Bush on Terror Groups
Source: [None]
URL Source: http://apnews.myway.com//article/20061129/D8LMFCG01.html
Published: Nov 28, 2006
Author: LINDA DEUTSCH
Post Date: 2006-11-28 22:05:46 by IndieTX
Keywords: None
Views: 130
Comments: 9

LOS ANGELES (AP) - A federal judge struck down President Bush's authority to designate groups as terrorists, saying his post-Sept. 11 executive order was unconstitutionally vague, according to a ruling released Tuesday.

The Humanitarian Law Project had challenged Bush's order, which blocked all the assets of groups or individuals he named as "specially designated global terrorists" after the 2001 terrorist attacks.

"This law gave the president unfettered authority to create blacklists," said David Cole, a lawyer for the Washington, D.C.-based Center for Constitutional Rights that represented the group. "It was reminiscent of the McCarthy era."

The case 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.

U.S. District Judge Audrey Collins enjoined the government from blocking the assets of the two groups.

Both groups consider the Nov. 21 ruling a victory; both had been designated by the United States as foreign terrorist organizations.

Cole said the judge's ruling does not invalidate the hundreds of other designated terrorist groups on the list but "calls them into question."

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."

A White House spokeswoman declined to immediately comment. At the time of his order creating the list, Bush declared that the "grave acts of terrorism" and the "continuing and immediate threat of future attacks" constituted a national emergency.

The judge's 45-page 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.

She also struck down the provision in which Bush had authorized the secretary of the treasury to designate anyone who "assists, sponsors or provides services to" or is "otherwise associated with" a designated group.

However, she let stand sections of the order that 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.

The Humanitarian Law Project planned to appeal that part of the ruling, Cole said.

"We are pleased the court rejected many of the constitutional arguments raised by the plaintiffs, including their challenge to the government's ban on providing services to terrorist organizations," Miller said Tuesday. "However, we believe the court erred in finding that certain other aspects of the executive order were unconstitutional."

The ruling was still considered a victory, Cole said.

"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," Cole said.

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#1. To: IndieTX (#0)

Nice.

Too bad Audrey couldn't have ruled on smirk's legitimacy as potus.

"Taxes are not raised to carry on wars, wars are raised to carry on taxes."
-Thomas Paine

Lod  posted on  2006-11-28   22:10:09 ET  Reply   Trace   Private Reply  


#2. To: lodwick (#1)

Nice.

I felt was my responsibility to post at least some halfway decent news in this FUBAR world.

Law Enforcement Against Prohibition




Just as there is no money in peace or freedom, there is also no money in a healthy Amerika - - IndieTX

IndieTX  posted on  2006-11-28   22:17:06 ET  Reply   Trace   Private Reply  


#3. To: IndieTX. Everyone here (#2)

Please check it out

Watermelon Wine

"Taxes are not raised to carry on wars, wars are raised to carry on taxes."
-Thomas Paine

Lod  posted on  2006-11-28   22:33:02 ET  Reply   Trace   Private Reply  


#4. To: IndieTX (#2)

This is how the adminstration has kept all Moslem voices that don't parrot DC's line out of the country, off our TeeVees, and out of our papers. The result is that there are only two voices of Moslems allowed in our media- the house niggers of the Neowhores and terrorists. No other opinion or voice out of the Moslem world is allowed. See the NeoZio reaction to even the possibility that al Jazeera international would air in this country to get my meaning.

The administration has simply labeled dozens of articulate Moslems professors, scholars, and spokesman- eloquent English speakers, western looking and even pro western culturally as being connected to "terrorism" and refused visas and even deported them. What did they all have in common? Oppossition to American policy in the ME and not from a radical perspective. In essence, this country has labeled all Moslem opinion save for that of their above mentioned house nigger expats of the Neowhores as "Terrorist". IN fact- they have no choice but to fight now.

Burkeman1  posted on  2006-11-29   3:49:38 ET  Reply   Trace   Private Reply  


#5. To: IndieTX, aristeides, MUDDOG, ..., Ferret Mike (#0)


President George W. Bush is joined by Secretary of Homeland Security Michael Chertoff at the signing of the renewal of the Patriot Act at the White House in Washington, March 9, 2006. A federal judge in Los Angeles, who previously struck down sections of the Patriot Act, has ruled that provisions of an anti-terrorism order issued by President George W. Bush after September 11 are unconstitutional. REUTERS/Jim Young

"The illegal we do immediately. The unconstitutional takes a little longer."
---Henry Kissinger, New York Times, October 28, 1973

robin  posted on  2006-11-29   11:44:51 ET  (1 image) Reply   Trace   Private Reply  


#6. To: robin (#5)

I wonder if this means that the criminal case against Padilla falls apart.

Katrina was America's Chernobyl.

aristeides  posted on  2006-11-29   12:14:01 ET  Reply   Trace   Private Reply  


#7. To: Burkeman1 (#4)

This quote would never fail to drive the bots into a frothing frenzy.

"Hijacking planes, terrorizing innocent people and shedding blood, constitute a form of injustice that cannot be tolerated by Islam, which views them as gross crimes and sinful acts... Any Muslim who is aware of his teachings of his religion and who adheres to the directives of the Qur'an and the Sunn'ah will never involve himself in such acts because they will invoke the anger of God Almighty and lead to harm and corruption on earth." Grand Mufti of Saudi Arabia and Chairman of the Senior Ulema, Sheikh `Abdul-`Aziz Âlush, Sept. 15, 2001

"It is the old practice of despots to use a part of the people to keep the rest in order; and those who have once got an ascendency and possessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantages." Thomas Jefferson to John Taylor, 1798

BTP Holdings  posted on  2006-11-29   12:37:51 ET  Reply   Trace   Private Reply  


#8. To: aristeides (#6)

I wonder if this means that the criminal case against Padilla falls apart.

But, but, they still have the appeals process. LOL

The tide has begun to turn against these cretins and maniacs. Hopefully it will turn into a tsunami which will wash away the blood lust of these murderous pirates and cleanse our land.

"It is the old practice of despots to use a part of the people to keep the rest in order; and those who have once got an ascendency and possessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantages." Thomas Jefferson to John Taylor, 1798

BTP Holdings  posted on  2006-11-29   12:41:19 ET  Reply   Trace   Private Reply  


#9. To: BTP Holdings (#8)

that's almost poetry

"The illegal we do immediately. The unconstitutional takes a little longer."
---Henry Kissinger, New York Times, October 28, 1973

robin  posted on  2006-11-29   12:51:52 ET  Reply   Trace   Private Reply  


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