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:

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.

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.

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

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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.

Charity Leader Released as FBI Evidence Tampering Becomes Issue in Case

in
Date: 
January 21, 2011

On Jan. 19, 2011 U.S. District Court Judge Michael Hogan ordered Al-Haramain Islamic Foundation (Oregon) leader Pete Sedaghaty (Seda) released from jail pending proceedings examining FBI payments to the chief prosecution witness in the case. Seda was convicted of tax fraud charges based on allegations he hid a contribution to Chechen militants. On Jan. 18 lawyers for Seda filed another motion seeking his release and a new trial based on recent revelations that the FBI apparently deleted a key sentence from a prosecution witness summary provided to the defense before the trial. It said, the witness "did not recall Sedaghaty discussing the topic of Kosovo or supporting mujahedin there."

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.

A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network’s Model

in
Date: 
December 30, 2010

The process used by the United States government to “designate,” or list, charitable organizations as supporters of terrorism is controversial, and three federal courts have found key elements of these procedures to be constitutionally deficient.[i] In addition, the U.S. has not implemented due process reforms consistent with the December 2009 United Nations (UN) Resolution 1904, which it supported.

The Charity and Security Network has developed model rules to protect the due process rights of U.S. charities to remedy the constitutional problems, make U.S. practice consistent with international standards and protect the assets of charities for the beneficiaries in need. These model rules can be found here.

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