Criminal
Jun. 26, 2002
Jurist Drops Charges Against Immigrants
LOS ANGELES - A federal judge has dismissed criminal charges against seven Iranian immigrants accused of soliciting money for a group designated by the State Department as a terrorist organization - finding that the law designating such groups violates basic freedoms.
"National security is certainly a matter of grave concern and responsibility, U.S. District Judge Robert M. Takasugi wrote in his opinion Friday. "[But] when weighed against a fundamental constitutional right which defines our very existence, the argument for national security should not serve as an excuse for obliterating the Constitution."
The case involved members of the Mujahedin-e Khalq, or MEK, designated by the State Department as a terrorist organization, which the U.S. attorney's office had accused of soliciting $1 million worth of donations from travelers at Los Angeles International Airport to feed starving children. But, according the FBI, the money was used to buy arms. United States v. Rahmani, CR-209 ( C.D. Cal., filed 2001).
As a result, defense lawyers argued that the designation could not be used as a basis against the defendants in the criminal case.
In deciding the argument, Takasugi wrote, "Defendants have a vested legal right not to be deprived of liberty or property without due process of law. Nevertheless, the government seeks to effect such deprivations upon defendants based partly on an unconstitutional statue."
Because the government obtained the designation in violation of the Constitution, it "is a nullity and cannot serve as a predicate in a prosecution," the judge wrote.
U.S. attorney spokesman Thom Mrozek said prosecutors are reviewing the ruling and considering options, which may include appellate review.
Susan Mc Rae
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