OFAC's regulations are unconstitutional because they require lawyers who are providing uncompensated legal representation to seek the government's permission before challenging the constitutionality of the government's conduct. Notably, OFAC has indicated that the license issued to us today can be revoked at any time. We will pursue our claim that OFAC's attorney-licensing regulations are unconstitutional and should be invalidated.

The ACLU and the CCR filed a lawsuit earlier this week [JURIST report] challenging the constitutionality of the licensing scheme after OFAC failed to respond to the organizations' request for a license in al-Awlaki's case. The rights groups were retained by al-Awlaki's father in June to provide pro bono legal assistance in challenging the decision of the Obama administration to approve al-Awlaki for targeted killing in January. The groups allege that the legal assistance ban issued by the Treasury Department exceeds its statutory authority and violates the First and Fifth amendments [Cornell LII backgrounders] to the US Constitution [text]. The groups argue that it violates their First Amendment rights because it interferes with their "right to represent clients in litigation consistent with their organizational missions," and violates the Fifth Amendment because it prevents US citizens from "obtaining legal representation of their interests in US courts." The ACLU described the licensing policy [press release] as an "alarming denial of rights in any one case endangers the rights of all Americans. Attorneys shouldn't have to ask the government for permission in order to challenge the constitutionality of the government's conduct."