due process

Due Process Overview

in
Date: 
January 26, 2012

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Charity and Security Network Principles to Guide New Policies

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The following ten principles should guide the U.S. government's approach to fixing national security rules and policies that create problems for legitimate charities, development programs, grantmakers, peacebuilding efforts, human rights advocacy and faith-based organizations:

KindHearts Case Timeline

in
Date: 
July 9, 2010

On Aug. 18, 2009, a federal judge ruled the Treasury Department’s seizure of a charity’s assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. KindHearts for Charitable Humanitarian Development was shut down by the Treasury Department "pending investigation" on Feb. 19, 2006.  To date it has not been designated as a supporter of terrorism. This timeline details the issues and procedural history of the case, which illustrates the problems created by using post 9/11 emergency measures for long term regulation of charities in the national security context.

The Good Wife TV Episode Highlights Restrictions on Lawyers Representing Groups on Terrorist List

in
Date: 
November 10, 2011
Author: 
Morton Sklar, Co-Counsel for PJAK and Legal Consultant to "The Good Wife" TV Series

"The Good Wife" television series aired an episode entitled "Executive Order 13224" on Sunday, Nov. 6, 2011 that provided a very sympathetic treatment of the problems created by the U.S.

Al-Haramain v. Obama Decision Holds Wiretap of Charity Illegal

in
Date: 
May 3, 2010

In a decision leaving Attorney General Holder and others in the Obama administration scratching their heads for what to do next, Chief Judge Vaughn Walker of the Northern Federal District of California ruled on March 31, 2010 that the Bush administration illegally wire tapped phone conversations of an Islamic charity and two American lawyers without a warrant. 

State Department’s Decision about De-Listing MEK to be Made Before Year’s End

in
Date: 
May 17, 2011

At a Congressional hearing on May 5, 2011, the top counterterrorism official at the State Department said the a decision about adjusting the Mujahadeen-e-Khalq (MEK) status on the State Department’s list of Foreign Terrorist Organizations (FTOs) was to be expected within six months.  The Coordinator for Counterterrorism, Ambassador Daniel Benjamin was responding to a series of questions from Rep.

Two Bills at End of 111th Congress Signal Future Action Impacting Due Process for Charities

in
Date: 
January 3, 2011

As the 111th Congress drew to a close in December 2010, two bills were introduced that address critical fairness issues for U.S. charities in the context of national security law. One, filed on Dec. 16 by Rep. Keith Ellison (D-MN), would create due process for U.S. charities accused of supporting terrorism. The other, filed on Dec. 20 by Sen. Benjamin Cardin (D-MD), addresses procedures for dealing with classified information in federal criminal proceedings. Although both bills expired at the end of the old Congress, they signal their sponsors' intentions to pursue the issues in the upcoming Congress. 

Detailed Analysis of The PROCEDURES FOR SANCTIONS AGAINST CHARITIES ACT (HR 6532)

in
Date: 
January 3, 2011

A detailed analysis of the Procedures for Sanctions Against Charities Act (HR 6532). Introduced on Dec. 16, 2010, the bill would protect legitimate charities and their donors and beneficiaries, while preventing diversion of charitable resources to terrorist organizations.

Government Tells Judges Giving Reasons for Shutting Down Charities "Too Burdensome”

in
Date: 
March 15, 2011

On March 9, 2011 the Ninth Circuit Court of Appeals heard oral arguments in Al Harmain v. Treasury, a constitutional challenge to the Treasury Department's (Treasury) process for shutting down charities.  During the proceedings an attorney for the government told the court  that providing the reasons for putting charities and others on terrorist lists would be “extremely burdensome.”
 

UN Report Urges for More Transparency During De-Listing Process

in
Date: 
March 6, 2011

On Feb 28, 2011, the United Nations (UN) Security Council emphasized the need for transparency and fairness in the process for persons or groups seeking to be removed from its list of designated terrorists.