Smith v. Trump (1:25-cv-00158) (D. Maine 2025) - OFAC/USG Memo. in Opp. to Pl. Motion for P.I.

Date issued: May. 16 2025

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TURBOFAC Commentary (905 words)

Notes:

1) BACKGROUND

On February 6, 2025, President Trump issued Executive Order 14203, re-imposing the ICC sanctions that he initially imposed in 2019 with EO 13928 (EO 13928 was revoked by President Biden). As was the case with the EO 13928 iteration of the ICC sanctions program, the EO provides authority to designate certain persons associated with the ICC, and in both cases the prosecutor of the ICC was designated pursuant to the EO (Fatou Bensouda being the designated prosecutor under EO 13928, and Karim Ahmad Khan being the prosecutor designated pursuant to EO 14203). The ICC prosecutor heads the Office of the Prosecutor (OTP). In 2020, the Open Society Justice Initiative brought a lawsuit against President Trump and others (including Treasury and OFAC) alleging that EO 13928 constituted a First Amendment violation and...