Tuesday, October 27, 2009

US Enjoined Temporarily From Moving On Terrorist Designation for Muslim Charity

In KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, (ND OH, Oct. 26, 2009), an Ohio federal district court issued a preliminary injunction barring the U.S. Treasury's Office of Foreign Assets Control from moving ahead to designate Kindhearts, a Muslim charity, to be a "Specially Designated Global Terrorist" group. In an August decision (see prior posting) the court found that in blocking KindHearts' assets, OFIC violated the charity's constitutional and statutory rights. Government officials had not obtained a search warrant; had applied vague criteria and not give the charity adequate notice and opportunity to be heard; and blocked access to funds for KindHearts to use to pay its counsel. The order issued yesterday bars the U.S. from taking the next step in the designation process until the court rules on what remedy is appropriate for the violations already found. Today's Toledo Blade reports on the case.