Terror finance executive order struck down by judge

Federal jurist finds it gives Bush too much unfettered executive power

U.S. District Judge Audrey Collins on Nov. 7struck down most of a Sept. 23, 2001 executive order by President George W. Bush.

The Center for Constitutional Rights brought suit against the executive order, arguing that it essentially allowed the president to create financial blacklists without any congressional or other oversight, and thus left unrestrained presidential power to produce guilt by association.

“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,” said David Cole of the Washington-based Center for Constitutional Rights.

“The court’s decision confirms that even in fighting terror, unchecked executive authority and trampling on fundamental freedoms is not a permissible option.”

Key to the ruling, Collins also struck down a 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.

Collins, who struck down parts of the Patriot Act in a case several years ago, was initially inclined to rule in favor of the administration, as indicated in tentative findings in July. But she changed her mind after further filings.

She did let one part of the order stand. That would penalize people who provide services to groups the government designates as terrorist organizations, including the humanitarian aid and rights training proposed by a Tamil and a Kurdish group that were among the actual plaintiffs represented by CCR.

I’m not enough of a shadetree lawyer, let alone a constitutional one, to know how firm of legal footing this ruling ― which will of course be appealed ― has. But, the ruling is on the table, and once again, an imperial power grab by the president has duly been slapped down.

I do know that Collins’ letting stand the “services” part of the executive order seems illogical. CCR has already promised it will appeal that.