US Judge strikes down provisions of terror act

[TamilNet, Wednesday, 29 November 2006, 03:58 GMT]
U.S. District Court Judge Audrey Collins, in a 21st November decision, ruled as constitutionally vague provisions in the International Emergency Economic Powers Act (IEEPA) that blocked all the assets of groups or individuals the President named as "specially designated global terrorists" after the 2001 terrorist attacks. The Judge also struck down the provision that allowed Secretary of the Treasury to designate anyone who "assists, sponsors or provides services to" or is "otherwise associated with" a designated group, legal sources said.

Ruling of Judge Collins (size: 1Mbyte)

The Center for Constitutional Rights (CCR), non-profit legal organization based in New York, which filed the case in US Courts against IEEPA. CCR represents Humanitarian Law Project, a human rights organization, and several Tamil- American organizations that seek to support the lawful activities of the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, especially in areas affected by the 2004 tsunami.

Professor David Cole who argued for the CCR said: "This law gave the president unfettered authority to create blacklists. It was reminiscent of the McCarthy era," Associated Press reported.

The Judge, however, allowed 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 CCR plans to appeal this ruling, Professor Cole told AP.

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

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04.03.04   Amended US court ruling protects WTCC, FeTNA
27.01.04   U.S Court declares Patriot Act provision Unconstitutional
05.10.03   Cole, Chang lead US Patriot Act challenge by Tamils
24.12.00   Petition against Antiterrorism Law ruling filed in US Suprem..
09.06.98   US Court rules on First Amendment case
20.03.98   US Antiterrorism Law challenged in courts


External Links:

US:		IEEPA: International Emergency Economic Powers Act
US:		Anti Terrorism and Effective Death Penalty Act of 1996
AP:		Judge strikes down Bush on terror groups
US:		Intelligence Reform and Terrorism Prevention Act of 2004
CCR-NY:		Civil rights cases filed by Center for Constitutional Rights
EPIC:		USA Patriot Act