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United States of America, American Civil Liberties Union of Northern California Inc. The National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice, Intervenors v. Hossein Afshari, AKA Hosseini Deklami Mohammad Omidvar Hassan Rezaie Roya Rahmani, AKA Sister Tahmineh Navid Taj, AKA Najaf Eshkoftegi Mustafa Ahmady Alireza Mohamad Moradi

Citations: 392 F.3d 1031; 2004 U.S. App. LEXIS 26430Docket: 02-50355

Court: Court of Appeals for the Ninth Circuit; December 19, 2004; Federal Appellate Court

Narrative Opinion Summary

This case concerns an appeal by the United States against a district court's dismissal of an indictment charging the defendants with providing material support to the Mujahedin-e Khalq (MEK), a group designated as a foreign terrorist organization under 18 U.S.C. § 2339B. The indictment alleged that the defendants engaged in activities such as soliciting donations and transferring funds to the MEK after being informed of its terrorist designation. The district court dismissed the charges on constitutional grounds, questioning the validity of the terrorist designation statute. However, the Ninth Circuit Court of Appeals reversed this decision, asserting the constitutionality of the statutory designation process under 8 U.S.C. § 1189, which limits judicial review to the D.C. Circuit and prohibits defendants from contesting the designation in their criminal defense. The court also rejected the defendants' First Amendment claims, emphasizing that financial contributions to designated terrorist organizations do not enjoy constitutional protection. The court highlighted the procedural safeguards and judicial review opportunities available to organizations, such as the MEK, to contest their designation, affirming that the statutory framework aligns with constitutional principles and the separation of powers.

Legal Issues Addressed

Constitutionality of Judicial Review Limitation

Application: Limiting judicial review of terrorist designations to the D.C. Circuit is constitutional and does not impede due process rights.

Reasoning: A district court previously found that limiting judicial review of such designations to the D.C. Circuit was facially unconstitutional, but this view was rejected.

Designation of Foreign Terrorist Organizations under 8 U.S.C. § 1189

Application: The statute outlines a process for designating a foreign terrorist organization, which includes judicial review, but prohibits defendants from challenging this designation in criminal proceedings.

Reasoning: The Secretary of State's designation of an organization as a terrorist group requires advance notification to congressional leadership, which can reject the designation.

First Amendment and Terrorist Organization Designation

Application: Financial contributions to designated terrorist organizations do not receive First Amendment protection as they are considered material support to terrorism.

Reasoning: Congress can lawfully prohibit financial contributions to groups designated as terrorist organizations without infringing on First Amendment rights of association.

Judicial Review and Administrative Proceedings

Application: Defendants cannot challenge the designation of a terrorist organization in criminal proceedings, but the organization itself has the opportunity for judicial review.

Reasoning: The MEK, the organization in question, had such opportunities to contest its designation.

Material Support to Foreign Terrorist Organizations under 18 U.S.C. § 2339B

Application: The statute criminalizes providing material support to designated terrorist organizations, regardless of the defendants' ability to challenge the designation.

Reasoning: Under 2339B, providing material support to a designated terrorist organization constitutes a crime regardless of the accuracy of the designation.