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
 tlje

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 EASTERBROOK, Circuit

Judges.
EASTERBROOK, Circuit Judge. Following the terrorist
attack of September 11, 2001, the President issued an
executive order declaring a national emergency and au-
thorizing the Secretary of the Treasury to freeze the as-
sets of groups that "assist in, sponsor, or provide financial,
material, or technological support for, or financial or oth-
er 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). Author-
ity for this order lies in the International Emergency
 P K O * I C F. t> 3 t—

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.

-1-
Minute Order Form (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge Wayne R. Andersen Sitting Judge if Other

or Magistrate Judge than Assigned Judge

CASE NUMBER 2C674 DATE 3/10/2004

CASE Global Relief vs. O'Neill
TITLE
[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:

(1) n Filed motion of [ use listing in "Motion" box above.]

(2) n Brief in support of motion due .

(3) n Answer brief to motion due . Reply to answer brief due .

W D Ruling/Hearing on set for at .

(5) D Status hearing[held/continued to] [set for/re-set for] on set for at

(6) D Pretrial conference[heloVcontinued to] [set for/re-set for] on set for at
(7) Trial[set for/re-set for] on at .
(8) D [Bench/Jury trial] [Hearing] held/continued to at

(9) D 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).

(10) • [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.

(11) D [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.
Notices mailed by judge's staff.
Notified counsel by telephone. •t 112m
d«tc docketed
Docketing to mail notices.
Mail AO 450 form.
Copy to judge/magistrate judge.

courtroom
TSA 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 for

preliminary injunctive relief denied.
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™ Search Results
CourtLink* 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: eaccessservice@courtlirik.com

Comments: Melissa,
Please see attached 33 pages.

Thank you for your order,

Jennifer

Page 1 of 1
 WITH DRAWAL NOTICE

RG: 148
Box: 00002 Folder: 0005 Document: 2
Series: Team 4 Files

Copies: 1 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).

(1)