Friday, September 23, 2011

Ninth Circuit -- AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY

Substantial evidence supports designation of Islamic organization as terrorist.

Where government did not pursue additional mitigation measures after denying access to classified materials related to the decision (e.g. nonsecret summaries of classified information), Matthews v. Eldridge procedural DP violation.

Procedural DP violation in not presenting statement of reasons for decision.

Freezing assets without warrant violated 4A.

Barring speech on behalf of the designated organization (e.g. joint press conference) violates 1A.

AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.