Federal Court Says Treasury Action Shutting Down Al-Haramain Islamic Foundation Unconstitutional
by Kay Guinane, 11/7/2008
On Nov. 7 Judge Garr King of the United States District Court in Oregon ruled that the Department of Treasury's action in shutting down Al Haramain Islamic Foundation, Inc. in 2004 violated basic due process rights. The judge also ruled that the definition of "material support" of terrorists is constitutionally vague. A press release from Al Haramain's attorneys said the decision is "the first successful challenge by a designated entity to a legal scheme that empowers the federal government to blacklist and shut down charities and even individuals without virtually any procedural or substantive safeguards." The judge ordered further proceedings on the consequences of the due process violation. The decision comes only a month after another federal judge ruled that Treasury violated the due process rights of KindHearts for Charitable Humanitarian Development by shutting them down "pending an investigation." The court's opinion in the Al-Haramain case is online here.