Kadi v. Geithner
United States District Court for the District of Columbia
42 F. Supp. 3d 1 (2012)
After September 11, 2001, the President issued Executive Order 13,224 under the International Emergency Economic Powers Act (IEEPA), declaring a national emergency over terrorism and authorizing the Treasury Secretary (defendant) to block the property of anyone who assisted or associated with a specially designated global terrorist (SDGT). That authority was delegated to the Office of Foreign Assets Control (OFAC) (defendant), which designated Kadi (plaintiff), a Saudi citizen, as an SDGT and blocked his U.S.-linked property. Kadi got no notice before the designation, but received a follow-up letter explaining how to challenge it. He petitioned OFAC with extensive supporting material; OFAC reviewed both classified and unclassified evidence, concluded Kadi had supported al Qaeda and associated with known terrorists including bin Laden, and denied his petition in a detailed unclassified memorandum. Kadi sued, arguing the designation violated due process and amounted to an unconstitutional taking and unreasonable seizure. OFAC moved for summary judgment.
Whether, under the International Emergency Economic Powers Act, the executive may designate individuals as specially designated global terrorists and block their U.S.-linked property, provided the individual receives appropriate due process.