Al Haramain Islamic Foundation, Inc. et al v. United States Department of the Treasury et al

Filing 142

JUDGMENT. Signed on 12/12/12 by Judge Garr M. King. (pc)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
AL HARAMAIN ISLAMIC FOUNDATION,
INC., AND MULTICULTURAL ASSOCIATION
OF SOUTHERN OREGON,

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

JUDGMENT
Plaintiffs,
vs.
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
P. O. Box 1211, 24525 E. Welches Road
Welches, Oregon 97067

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J. Ashlee Albies
815 SW Second Avenue, Suite 500
Portland, Oregon 97204
David D. Cole
c/o Georgtown University Law Center
600 New Jersey Avenue, N. W.
Washington, D. C. 20001
Lynne Bernabei
Alan R. Kabat
Bernabei & Wachtel, PLLC
1775 T Street, N. W.
Washington, D. C. 20009-7124
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
20 Massachusetts Avenue, N.W.
Washington, D.C. 20001
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

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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 AHIFOregon, 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.
Dated this

12th

day of December, 2012.

/s/ Garr M. King
Garr M. King
United States District Judge

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