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U.S. Patriot Act Provision Is Struck Down by a Federal Judge

Jan. 26 (Bloomberg) -- A portion of the Patriot Act, the law that gives U.S. law enforcement and intelligence agencies expanded authority to combat terrorism, was struck down by a federal judge in Los Angeles for being unconstitutional.

U.S. District Judge Audrey Collins in Los Angeles ruled that the Patriot Act was ``impermissibly vague'' in prohibiting individuals or groups from giving ``expert advice or assistance'' to designated terrorist organizations.

The Patriot Act, passed after the Sept. 11 attacks, has sparked opposition from the American Civil Liberties Union and other groups concerned about privacy. Collins ruled in a suit brought by the Humanitarian Law Project and other groups seeking to provide support to independence bids by the Kurds in Turkey and Tamils in Sri Lanka.

``The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited, and instead bans the provision of all expert advice and assistance regardless of its nature,'' Collins wrote in her ruling dated last week.

The Kurdistan Workers' Party and the Liberation Tigers of Tamil Eelam were declared ``foreign terrorist organizations'' during the Clinton administration. The Humanitarian Law Project and other groups sought to support lawful, nonviolent activities such as political organizing and advocacy for both groups.

The Justice Department said the provision was a modest change to a pre-existing anti-terrorism law.

``By targeting those who provide material support by providing 'expert advice or assistance,' the law made clear that Americans are threatened as much by the person who teaches a terrorist to build a bomb as by the one who pushes the button,'' Justice Department spokesman Mark Corallo said in a statement.

Collins's ruling blocks Justice Department from prosecuting the plaintiffs for providing advice to the Kurdistan Workers' Party and the Liberation Tigers of Tamil Eelam, which would carry a 15-year prison sentence under the Patriot Act. She declined to grant a nationwide injunction.

The case is Humanitarian Law Project v. John Ashcroft, 03- 6107, in U.S. District Court Central District of California.

Last Updated: January 26, 2004 16:09 EST