U.S. District Court Requires Due Process in U.S. Terrorism Designation and Blocking Case

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Thursday, January 1, 2009
Author: 
Bruce Zagaris
Volume: 
25
Issue: 
1
16
Abstract: 
On November 6, 2008, a U.S. District Court in Oregon (Judge Garr M. King) held that the Office of Foreign Asset Control’s (OFAC) designation of plaintiff Al Haramain Islamic Foundation, Inc. (AHIF-Oregon) and Multicultural Association of Southern Oregon (MCASO) as a terrorist organization violated its due process right because adequate notice prior to designating the agency was not given. The Court also held “that the blocking order constitutes a seizure for purposes of the Fourth Amendment and unless the government’s actions were reasonable, the government violated AHIF-Oregon’s Fourth Amendment rights. AHIF-Oregon challenged its designation as a terrorist organization, and the associated freezing of its assets, by bringing suit against the U.S. Department of the Treasury, OFAC, the United States Department of Justice, and individuals associated with those agencies...[more]