context: In AHIF-Oregon's view, if classified information concerning national security demonstrates that an entity is supporting terrorism, OFAC either must decline to designate the entity or must reveal the classified information to the entity that OFAC believes supports terrorist activities. Common sense dictates that AHIF-Oregon is overreaching. Not surprisingly,, all federal courts to have considered this argument have rejected it.
citation_a.signal: see also
citation_a.identifier: 327 F.3d 1238, 1241-43
citation_a.parenthetical: following NCORI and describing in detail its holding on this point
citation_a.sentence: Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., Inc. v. Geithner (KindHearts II), 710 F.Supp.2d 637, 660 (N.D.Ohio 2010); Al-Aqeel v. Paulson, 568 F.Supp.2d 64, 72 (D.D.C.2008); see also NCORI, 251 F.3d at 208 (holding that, in a designation of a “foreign terrorist organization” under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), the government’s use of classified information without permitting the organization to view the information did not violate the organization’s due process rights); People’s Mojahedin Org. of Iran v. Dep't of State, 327 F.3d 1238, 1241-43 (D.C.Cir.2003) (following NCORI and describing in detail its holding on this point); United States v. Ott, 827 F.2d 473, 477 (9th Cir.1987) (holding that, in a military criminal trial, the government’s use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant’s due process rights); cf. Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070 (9th Cir.2010) (en banc) (affirming the district court’s dismissal of an action because of the state secrets doctrine in a case involving classified information), cert. denied, - U.S. -, 131 S.Ct. 2442, 179 L.Ed.2d 1235 (2011); IARA-USA, 477 F.3d 728 (rejecting a challenge that the agency failed to comply with its regulation, 28 C.F.R. § 17.17(a)(1), which required the agency to determine which portions of the classified record “can be declassified”).
citation_b.signal: cf.
citation_b.parenthetical: affirming the district court's dismissal of an action because of the state secrets doctrine in a case involving classified information
citation_b.sentence: Holy Land, 333 F.3d at 164; Global Relief Found., Inc. v. O’Neill, 315 F.3d 748, 754 (7th Cir.2002); KindHearts for Charitable Humanitarian Dev., Inc. v. Geithner (KindHearts II), 710 F.Supp.2d 637, 660 (N.D.Ohio 2010); Al-Aqeel v. Paulson, 568 F.Supp.2d 64, 72 (D.D.C.2008); see also NCORI, 251 F.3d at 208 (holding that, in a designation of a “foreign terrorist organization” under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), the government’s use of classified information without permitting the organization to view the information did not violate the organization’s due process rights); People’s Mojahedin Org. of Iran v. Dep't of State, 327 F.3d 1238, 1241-43 (D.C.Cir.2003) (following NCORI and describing in detail its holding on this point); United States v. Ott, 827 F.2d 473, 477 (9th Cir.1987) (holding that, in a military criminal trial, the government’s use of classified information, without permitting the defendant or his lawyers to view the information, did not violate the defendant’s due process rights); cf. Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070 (9th Cir.2010) (en banc) (affirming the district court’s dismissal of an action because of the state secrets doctrine in a case involving classified information), cert. denied, - U.S. -, 131 S.Ct. 2442, 179 L.Ed.2d 1235 (2011); IARA-USA, 477 F.3d 728 (rejecting a challenge that the agency failed to comply with its regulation, 28 C.F.R. § 17.17(a)(1), which required the agency to determine which portions of the classified record “can be declassified”).