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CCR and ACLU v. OFAC and Targeted Killings, was a lawsuit brought by the Center for Constitutional Rights and the American Civil Liberties Union against the U.S. Treasury Department and the Office of Foreign Assets Control in the United States in the U.S. District Court for the District of Columbia.

= Background = In early July 2010, CCR and the ACLU were approached by Nasser al-Aulaqi, the father of U.S. citizen Anwar Al-Aulaqi, to bring a lawsuit against the United States' government in relation to the government's decision to place Al-Aulaqi on the CIA's kill list earlier this year.

On July 16, 2010, however, the Treasury Department’s Office of Foreign Asset Control labeled Anwar al-Aulaqi a “specially designated global terrorist,” which makes it a crime for lawyers to provide representation for his benefit without first seeking a license from OFAC. OFAC argued that "Mr. Awlaki has evolved from serving as an inspirational figure to Islamist jihadists to a more 'operational' role. In designating him for its global terrorist list last month, the Treasury Department said that Mr. Awlaki had pledged an oath of loyalty to the leader of Al Qaeda’s Yemeni branch, had recruited people to join the group, had facilitated terrorist training camps in Yemen, had solicited funding for terrorism, and had helped to focus the branch’s attention 'on planning attacks on U.S. interests.'"

After the government’s failed to grant a license to CCR and ACLU, despite the urgency created by an outstanding authorization for Al-Aulaqi’s death, CCR and ACLU decided to file a suit challenging the legality and constitutionality of the licensing scheme as applied to the representation they seek to provide. CCR and the ACLU have not had contact with Anwar Al-Aulaqi.

According to published reports, Anwar al-Aulaqi has been the target of several unsuccessful drone strikes, and both the CIA and the U.S. military are actively attempting to kill him.

= Case = In their lawsuit, CCR and the ACLU claim that OFAC has overstepped its authority by subjecting uncompensated legal services to a licensing requirement, and that OFAC’s regulations violate the First Amendment, the Fifth Amendment, and the principle of separation of powers. The lawsuit asks the court to invalidate the regulations and to make clear that lawyers can provide representation for the benefit of designated individuals without first seeking the government’s consent. The case has been assigned to Judge John D. Bates.

= Timeline =

August 3, 2010 - The case was filed in the U.S. District Court of Columbia

= References =