Criminal Justice & the Rule of Law Terrorism & Extremism

Kadi Voluntarily Dismisses Sanctions Appeal

Wells Bennett
Friday, July 20, 2012, 4:39 PM
So we learn from this filing, posted over at the Blog of the Legal Times. The Treasury Department had found the plaintiff, a Saudi businessman, to be a "specially designated global terrorist."  On the basis of that designation, the Department blocked certain of his assets.  Below, Kadi challenged the Treasury's actions on constitutional and statutory grounds.  The district court was unpersuaded, though, and it granted the government's motion for summary judgment.  Kadi then appealed to the D.C.

Published by The Lawfare Institute
in Cooperation With
Brookings

So we learn from this filing, posted over at the Blog of the Legal Times. The Treasury Department had found the plaintiff, a Saudi businessman, to be a "specially designated global terrorist."  On the basis of that designation, the Department blocked certain of his assets.  Below, Kadi challenged the Treasury's actions on constitutional and statutory grounds.  The district court was unpersuaded, though, and it granted the government's motion for summary judgment.  Kadi then appealed to the D.C. Circuit. Which brings us to today's voluntary dismissal.  The volte face thus leaves the government's victory (and Kadi's loss) intact, at least as far as his assets under U.S. jurisdiction are concerned.  And the result is a split record for Kadi in counterterrorism sanctions litigation: recall that earlier, he successfully had challenged restrictions imposed by the Council of Europe.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

Subscribe to Lawfare