Domestic Counterterrorism
Abuse of surveillance and policing powers has been a
recurrent feature of the post-9/11 world. The National Security Agency’s (NSA) warrantless wiretapping program, for
example, secretly authorized by President Bush in 2002, enables the government
to eavesdrop on conversations and emails between the
The
Mohamed v. Jeppesen Dataplan, Inc. (Ninth Circuit Court of Appeals)
On July 10, 2008, the Brennan Center filed an amicus curiae (or friend of the court brief) in the U.S. Court of Appeals for the Ninth Circuit on behalf of a group of former United States ambassadors and diplomats in the case of Mohamed v. Jeppesen Dataplan, Inc.
Jeppesen, Song Remains the Same, Maybe
Barry Siegel, Pulitzer-Prize winning former national correspondent for the Los Angeles Times and author of Claim of Privilege, weighs in on the the case.
The issues were preliminary and the result of any ruling likely to be. But despite its preliminary nature....
Fine’s Tome Incomplete Without Ashcroft
A Justice Dept.’s report reveals that working in this Administration really does mean never having to say you’re sorry—or, indeed, anything else....
Illustrations by Risko
U.S. Government Admits It Destroyed Videotape in Enemy Combatant Case
Yesterday the U.S. government admitted, for the first time, that officials destroyed videotapes that documented interrogations of Ali Almarri, the only alleged “enemy combatant” still detained on U. S. soil.
Discredited Yoo Memos Led to “Enemy Combatant” Detainment and Denial of Habeas Corpus
Today, the Brennan Center for Justice asked a federal court to end the detention of a U.S. resident who is being held on the advice of long-discredited Office of Legal Counsel (OLC) memos which sought to justify torture and indefinite detention.
Government Fails to Muzzle “Peace Pastor” Frederick Boyle
Rev. Boyle, the ordained minister known as the Peace Pastor, reached an agreement with the federal government today that ends his unfair prosecution and maintains his right to speak out against the Iraq War.
DoJ’s Proposed Changes to Intelligence-Gathering and Investigative Regulations
In the remaining months of the Bush administration, the Department of Justice is pushing to relax restrictions on intelligence-gathering and investigative regulations and guidelines. Learn more about why the Brennan Center objects to the proposed changes, and what we are doing in response.
State Secrets Protection Act. S.2248
This memo addresses the constitutional power of Congress to enact the State Secrets Protection Act, S.2248, establishing rules regulating the invocation of the state secrets privilege.
Memo Regarding Concerns with NYPD August 2007 Report on “Radicalization in the West”
Aziz Huq raises the concern that the New York Police Department’s August 2007 report draws conclusions unwarranted by its insufficient data set. The memo suggests that this problematic methodology will likely result in racial and religious profiling.
Ends & Means in War Crimes Trials
Unpacking two war crimes trials presently taking place—former leader of Bosnia’s wartime Serb government, Radovan Karadžić, and Osama bin Laden’s alleged driver, Salim Hamdan.
Justice Scalia’s Dueling Opinions
Scalia’s opinion in the ruling overturning D.C.’s gun ban shows the flaws of his trademark judicial thinking. Especially since he marshaled nearly the reverse logic in his dissent to the Guantanamo detainee case.
Surveillance Bill: The Worst of All Worlds
Analysis of the just-passed “FISA Amendments Act of 2008” on The Nation’s web site.