Rahmani

MEMORANDUM ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS INDICTMENT BASED ON RECENT D.C. CIRCUIT CASE

This matter came before the court for hearing on March 11, 2002 on Defendant Roya Rahmani’s motion to dismiss the indictment based on a recent D.C. Circuit opinion, in which Defendants Mustafa Ah-mady, Navid Taj, Mohammad Omidvar, Alireza Mohammadmoradi, Hassan Rezaie, and Hossein Afshari have filed joinders. Defendants’ motion requires me to provide a resolution to the following somewhat provocative question:

If the procedure whereby an organization is designated by the Secretary of State as “terrorist” violates the Due Process Clause of the United States Constitution, may such designation nevertheless be utilized as a predicate in a criminal prosecution against individuals for providing material support to that designated terrorist organization?

Facts:

The indictment in the instant action charges defendants ROYA RAHMANI, MUSTAFA AHMADY, HOSSEIN AF-SHARI, ALIREZA MOHAMMADMORA-DI, MOHAMMAD OMIDVAR, NAVID TAJ and HASSAN REZAIE (hereafter “defendants”) with conspiracy and 58 substantive counts of providing material support to the Mujahedin-e Khalq (“MEK”), a designated foreign…