Monday, January 26, 2004

Yes!

Okay, it's only a small step, but still, dammit, Yes!
Los Angeles (AP, January 26) - For the first time, a federal judge has declared unconstitutional a section of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban is impermissibly vague in its wording. ...

David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project, declared the ruling "a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles." ...

The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.

The Humanitarian Law Project said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.

The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.

"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.
The DOJ says its studying the ruling, which I find revealing, since it appears to me the case should have been a slam dunk. People being threatened with 15 years in prison for advising accused terrorist groups on how to stop being terrorist? What is it the DOJ wants to appeal here? And why?

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