DayofPal– Two American human rights attorneys have taken a bold stand against former President Donald Trump, filing a lawsuit on Friday that challenges the constitutionality of an executive order muzzling their voices.
The order, which levied sanctions against Karim Khan, the chief prosecutor of the International Criminal Court (ICC), is now at the heart of a legal battle unfolding in a federal courtroom in Bangor, Maine.
The attorneys argue that Trump’s directive not only curtails their ability to collaborate with the ICC but strikes at the core of their First Amendment rights. In their view, the government has drawn a line in the sand, one that punishes those who dare to speak up for global justice.
Matthew Smith, co-founder of Fortify Rights, and international lawyer Akila Radhakrishnan brought the suit. They say the order blocks them from sharing evidence and legal advice with the ICC.
The order, signed by Trump in February, prohibits U.S. citizens from assisting ICC officials. It also threatens civil and criminal penalties for anyone offering services to Khan or other sanctioned individuals.
Smith said the order forced him to halt work supporting ICC investigations into crimes against Myanmar’s Rohingya Muslims. He previously provided evidence of genocide and deportation.
Radhakrishnan has advised the ICC on sexual and gender-based violence cases in Afghanistan. She said she is suing to stop her own government from punishing her for helping Afghan women seek justice.
The lawsuit states that both plaintiffs have had to withdraw from critical human rights work due to fear of sanctions.
In 2020, the U.S. Treasury added Khan to its sanctions list just days after Trump’s order. The sanctions followed the ICC’s decision to seek arrest warrants for Israeli officials over war crimes in Gaza.
The ICC and dozens of countries condemned the sanctions. They pledged to support the court’s staff and their mission to deliver justice to victims worldwide.
The American Civil Liberties Union (ACLU), which represents the plaintiffs, says the executive order violates emergency powers laws and suppresses constitutionally protected speech.
In 2021, a federal court blocked similar sanctions targeting Khan’s predecessor. The judge ruled that the government likely violated the First Amendment.
Smith and Radhakrishnan now ask the court to declare Trump’s order unlawful and stop the U.S. government from enforcing its restrictions.
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