Groups Sue Treasury Over Terrorist License

A pair of prominent law organizations are challenging the legality of a provision that requires attorneys to seek permission from the government before representing individuals designated by the U.S. as being terrorists.

The Center for Constitutional Rights (CCR) and the American Civil Liberties Union (ACLU) both say the provision amounts to a licensing scheme that prevents groups “from challenging the claimed authority of the executive branch to impose a death penalty on people – including American citizens – far from any battlefield, without due process.”

The lawsuit is a direct product of an initial attempt by the ACLU and CCR to sue the federal government on behalf of alleged terrorist Anwar al-Awlaki’s father. Two weeks after Nasser al-Awlaki retained the two groups, the U.S. designated al-Awlaki as a specially designated terrorist, meaning the groups would have to attain a license from the Office of Foreign Asset Control (OFAC) in order to defend him. The current suit challenges the legality of the licensing requirement.

“The issue is not about al-Awlaki’s character or even his alleged crimes,” said ACLU Executive Director Anthony Romero during a conference call with reporters on Tuesday. “It’s really about the rights that all Americans should hold dear; the right to due process of law.”

In April, the Obama administration authorized the targeted killing of al-Awlaki, an American citizen who is believed to have both encouraged and participated in attacks against the United States. al-Awlaki, an imam, was born in New Mexico and is presumed to now be hiding from authorities in Yemen.