T4 B5 Charities- Grf- Legal Fdr- Entire Contents- Court Docs- Withdrawal Notice- 1st Pgs Scanned For Reference 280

No. 03-46

tfje Supreme Court of tfje iJniteb GLOBAL RELIEF FOUNDATION, INC., PETITIONER v. JOHN W. SNOW, SECRETARY OF THE TREASURY ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

BRIEF FOR THE RESPONDENT IN OPPOSITION

THEODORE B. OLSON Solicitor General Counsel of Record PETER D. KEISLER Assistant Attorney General DOUGLAS N. LETTER H. THOMAS BYRON III Attorneys Department of Justice Washington, D.C. 20530-0001 (202)514-2217

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States; Court of Jf or tfie ^ebentl) Circuit No. 02-2536

GLOBAL RELIEF FOUNDATION, INC., Plaintiff-Appellant, v.

PAUL H. O'NEILL, Secretary of the Treasury, et al, Defendants-Appellees. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 02 C 674—Wayne R. Andersen, Judge.

ARGUED OCTOBER 29,2002—DECIDED DECEMBER 31,2002

Before CUDAHY, COFFEY, and Judges.

EASTERBROOK, Circuit

EASTERBROOK, Circuit Judge. Following the terrorist attack of September 11, 2001, the President issued an executive order declaring a national emergency and authorizing the Secretary of the Treasury to freeze the assets of groups that "assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, such acts of terrorism" to the extent that statutes permit freezes. Executive Order 13224 §l(d)(i), 66 Fed. Reg. 49079 (Sept. 23, 2001). Authority for this order lies in the International Emergency

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FindLow WWW.FtNDLAW.COM

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GLOBAL RELIEF FOUNDATION, INC., Plaintiff, No. 01 C 8821

v. HONORABLE DAVID H. COAR NEW YORK TIMES COMPANY, ASSOCIATED PRESS CORPORATION, ABC, INC., GLOBE NEWSPAPER COMPANY, a/k/a THE BOSTON GLOBE, DAILY NEWS, L.P., MARTHA MENDO7A, JUDITH MILLER, KURT E1CHENWALD, ANTONIO MORA, ZEF CHAFETTS, MAC DANIEL, HEARST COMMUNICATIONS, INC., SCOTT WINKOKUR and CHRISTIAN BERTHELSEN Defendants.

MEMORANDUM OPINION AND ORDER Global Relief Foundation ("GRF") brought an action for libel in this Court against six different news organizations and the reporters they employ. Each of the defendant news organizations published a news report at some point between September 24,2001 and November 7,2001 referring to a government investigation into possible links to terrorism by GRF and the possibility that GRF's assets would be frozen, GRF alleges that each news report is false and defamatory. Before this court is the defendants' joint motion for summary judgment. For the reasons set forth below, defendants' motion is granted.

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Minute Order Form (06/97)

United States District Court, Northern District of Illinois Name of Assigned Judge or Magistrate Judge

Sitting Judge if Other than Assigned Judge

Wayne R. Andersen

CASE NUMBER

2C674

3/10/2004

DATE

CASE TITLE

Global Relief vs. O'Neill [In Ihe following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature of the motion being presented.]

MOTION:

DOCKET ENTRY: Filed motion of [ use listing in "Motion" box above.]

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D

Ruling/Hearing on

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Status hearing[held/continued to] [set for/re-set for] on

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Pretrial conference[heloVcontinued to] [set for/re-set for] on

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Brief in support of motion due Answer brief to motion due

Trial[set for/re-set for] on

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. . Reply to answer brief due

set for

at

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. set for

set for

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[Bench/Jury trial] [Hearing] held/continued to

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This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to] DFRCP4(m) Q Local Rule 41.1 D FRCP41(a)(l) D FRCP41(a)(2).

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• [Other docket entry] Pursuant to agreement, plaintiff to respond to defendant's motion to dismiss and for summary judgment by 4/13/2004. Defendant to reply by 5/28/2004. Ruling will be made by mail.

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[For further detail see order (on reverse side of/attached to) the original minute order.]

No notices required, advised in open court. No notices required.

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Notices mailed by judge's staff. Notified counsel by telephone.

d«tc docketed

Docketing to mail notices. Mail AO 450 form. Copy to judge/magistrate judge.

TSA

courtroom deputy's initials

\e received in ' • ' central Clerk's Office

LEXSEE 207 F SUPP 2D 779 GLOBAL RELIEF FOUNDATION, INC., Plaintiff, v. PAUL H. O'NEILL, COLIN L. POWELL, JOHN ASHCROFT, R. RICHARD NEWCOMB, and ROBERT S. MUELLER, III, Defendants. Case No. 02 C 674 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 207 F. Supp. 2d 779; 2002 U.S. Dist LEXIS 10494 June 11, 2002, Decided June 11, 2002, Docketed

DISPOSITION: [**1] Plaintiffs motion preliminary injunctive relief denied.

for

LexisNexis (TM) HEADNOTES - Core Concepts: COUNSEL: For GLOBAL RELIEF FOUNDATION, INC., plaintiff: Thomas Anthony Durkin, Durkin & Roberts, Chicago, IL. For GLOBAL RELIEF FOUNDATION, INC., plaintiff: Roger C Simmons, Victor E Cretella, III, Matthew H Simmons, Shawn P Cavenee, Gordon & Simmons, Frederick, MD. For COLIN L POWELL, JOHN ASHCROFT, R RICHARD NEWCOMB, ROBERT S MUELLER, III, defendants: Thomas P. Walsh, United States Attorney's Office, Chicago, IL. JUDGES: Wayne R. Andersen, United States District Judge. OPINIONBY: Wayne R. Andersen OPINION: [*784] MEMORANDUM OPINION AND ORDER This case is before the Court on the motion of plaintiff Global Relief Foundation, Inc. for preliminary injunctive relief pursuant to Federal Rule of Civil Procedure 65. For the following reasons, the motion is denied.

OVERVIEW Before addressing the motion for preliminary injunction filed by the plaintiff, Global Relief Foundation ("Global Relief), a brief description of this case is in order. On December 14, 2001, the Federal Bureau of Investigation ("FBI") searched the headquarters of Global Relief and the home of its executive director. Pursuant to the searches, [**2] materials were seized for analysis by the FBI. Global Relief contends that both the search and seizure were unauthorized by law and unconstitutional. [*785] The defendants maintain that both the search and seizure were lawfully authorized by the Foreign Intelligence Surveillance Act and that they were constitutional. This Court agrees with the defendants. Also on December 14, 2001, the Office of Foreign Asset Control ("OFAC") of the United States Department of the Treasury issued a blocking order freezing the financial assets of Global Relief pending the FBI's investigation of what relationship, if any, Global Relief might have to the terrorists behind the September 11, 2001 attacks on the World Trade Center and the Pentagon. Global Relief contends that the order temporarily "freezing" its assets was not authorized by statute, executive order or the Constitution. The defendants maintain that this blocking order was both lawful and constitutional. They cite the International Emergency Economic Powers Act, as amended by the USA Patriot Act, as the statutory basis for the authority to issue the blocking order. This authority was granted

02/25/2003 36 MINUTE ORDER of 2/25/03 by Hon. James H. Alesia : Based on the representation by defendants that plaintiff wishes to dismiss this case with prejudice, this case is voluntarily dismissed with prejudice and without costs. All pending motions are moot, terminating case. Mailed notice (Ixs) [Entry date 02/26/03] MINUTE ORDER of 5/14/02 by Hon. James H. Alesia : Although the defendants requested a stay, they did not file a formal motion to stay. Therefore, on the court's own motion, the court stays this case in its entirety until the conclusion of the parallel criminal case, United States v. Benevolence Int'l Found., et al,. No. 02 CR 414 (N.D> 111., Filed Apr. 29, 2002). Case stayed. Entered Memorandum Opinion and Order. Mailed notice by judge's staff (Ixs) [Entry date 05/15/02] GRF case Still being litigated Adam J Szubin [COR] United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Room 7132 Washington, DC 20530 USA (202)514-2000 Anne M Joseph [COR] United States Department of Justice Civil Division. Federal Programs Branch 20 Massachusetts Avenue, NW Room 7132 Washington, DC 20530 USA (202)514-2000

LeXJsNeXIS™ CourtLink*

Search Results phone: 866-54°-8818

Requested By: Melissa Coffey Company: 9-11 Commission Email: dgreenburg@9-11 commission.gov Fax: Phone:

202-331-4066

Client Matter #: Search ID: 77776 Search Criteria:

1:02cr892 USA v. Enaam M. Arnaout, et al in Illinois US Northern District Court / Chicago

Date Requested:

3/19/2004

Date Completed:

3/22/2004

CourtLink Agent: Jennifer Email To: [email protected] Comments:

Melissa, Please see attached 33 pages. Thank you for your order, Jennifer

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WITH DRAWAL NOTICE RG: 148 Box: 00002 Series: Copies: 1

Folder: 0005 Document: 2 Team 4 Files Pages: 2

ACCESS RESTRICTED The item identified below has been withdrawn from this file: Folder Title: Charities -- GRF -- Legal Document Date: 12-12-2001 Document Type: Report Special Media: From: To:

Subject:

report of the Financial Review Group

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND: 401 Withdrawn: 09-30-2008

by:

RETRIEVAL #: 401 00002 0005 2 System DocID: 4661

In tfje Supreme Court of tfje Unitcb No. 03-46 GLOBAL RELIEF FOUNDATION, INC., PETITIONER

v. JOHN W. SNOW, SECRETARY OF THE TREASURY ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

BRIEF FOR THE RESPONDENT IN OPPOSITION

OPINIONS BELOW

The opinion of the court of appeals (Pet. App. la-lOa) is reported at 315 F.3d 748. The opinion of the district court (Pet. App. lc-61c) is reported at 207 F. Supp. 2d 779. JURISDICTION

The court of appeals entered its judgment on December 31, 2002. A petition for rehearing was denied on April 4, 2003 (Pet. App. Ih). The petition for a writ of certiorari was filed on July 3, 2003. The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1).

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