Al Haramain Islamic Found., Inc. v. U.S. Dep't of the Treasury

Full title: AL HARAMAIN ISLAMIC FOUNDATION, INC., AND MULTICULTURAL ASSOCIATION OF…

Court: UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

Date published: Dec 12, 2012

Civil Case No. 3:07-CV-01155-KI (D. Or. Dec. 12, 2012)

Opinion

Civil Case No. 3:07-CV-01155-KI

12-12-2012

AL HARAMAIN ISLAMIC FOUNDATION, INC., AND MULTICULTURAL ASSOCIATION OF SOUTHERN OREGON, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE TREASURY, TIMOTHY GEITHNER, OFFICE OF FOREIGN ASSETS CONTROL, ADAM J. SZUBIN, UNITED STATES DEPARTMENT OF JUSTICE, AND ERIC H. HOLDER, Defendants.

Thomas H. Nelson J. Ashlee Albies David D. Cole c/o Georgtown University Law Center Lynne Bernabei Alan R. Kabat Bernabei & Wachtel, PLLC Attorneys for Plaintiffs Suart F. Delery Acting Assistant Attorney General Sandra M. Schraibman Assistant Branch Director Federal Programs Branch Dianne Kelleher Stephen Buckingham Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch Attorneys for Defendants

Garr M. King

JUDGMENT

Thomas H. Nelson

J. Ashlee Albies

David D. Cole

c/o Georgtown University Law Center

Lynne Bernabei

Alan R. Kabat

Bernabei & Wachtel, PLLC

Attorneys for Plaintiffs

Suart F. Delery

Acting Assistant Attorney General

Sandra M. Schraibman

Assistant Branch Director

Federal Programs Branch

Dianne Kelleher

Stephen Buckingham

Trial Attorneys

U.S. Department of Justice

Civil Division, Federal Programs Branch

Attorneys for Defendants KING, Judge: Based on the record,

It is ORDERED AND ADJUDGED as follows:

(1) Judgment is hereby entered for Plaintiff Multicultural Association of Southern Oregon ("MCASO") on its First Amendment challenge to the content-based prohibitions in Section 2(a) of Executive Order 13224. MCASO has a First Amendment right to engage in the forms of coordinated advocacy with AHIF-Oregon that it identified in this litigation, including conducting joint press conferences, issuing coordinated press releases, holding demonstrations, contacting the government, and organizing public education activities in conjunction with AHIF-Oregon, and Defendants are enjoined from enforcing Section 2(a) against MCASO for engaging in those forms of coordinated advocacy with AHIF-Oregon.

(2) Defendants violated AHIF-Oregon's Fourth Amendment rights by blocking its assets indefinitely without obtaining a warrant. However, because on the existing administrative record Defendants' blocking of AHIF-Oregon's assets is lawful under E.O. 13,224, the Fourth Amendment violation was harmless error.

(3) All remaining claims are dismissed with prejudice.

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Garr M. King

United States District Judge