Humanitarian Law Project v. Ashcroft

AMENDED ORDER RE: PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTION TO DISMISS

This action involves a challenge to the constitutionality of § 805(a)(2)(B) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA PATRIOT Act”) and §§ 302 and 303 of the Antiterrorism and Effective Death Penalty Act (the “AEDPA”) which prohibit the provision of material support, including “expert advice or assistance,” to designated foreign terrorist organizations. See § 805(a)(2)(B), 18 U.S.C. §§ 2339A(a) and 2339B(a). Plaintiffs seek to provide support for the lawful activities of two organizations that have been designated as “foreign terrorist organizations.” Plaintiffs seek summary judgment and an injunction to prohibit Defendants from enforcing the criminal prohibition on providing “expert advice or assistance” to such organizations on the ground that, like the prohibitions on providing “training” and “personnel,” which the Court previously enjoined, the prohibition is unconstitutionally vague and overbroad. See Humanitarian Law Project v. Reno, 9 F.Supp.2d 1176 (C.D.Cal.1998) (granting Plaintiffs’ motion for…