Justice
The Justice Program fights to secure the nation's promise of equal justice for all.
The American justice system is in disrepair. More than ever before, our courts are the province of the wealthy: private counsel is expensive, civil legal services programs are underfunded and restricted, qualified interpreters are few and far between, and technical rules destroy legitimate claims. In criminal proceedings, the poor rely on lawyers who have meager resources but must handle overwhelming caseloads. The government agencies that administer public benefits and enforce civil rights, and wage and hour, laws are politically influenced and underfunded. The Justice Department, itself, is in disarray. And, the war on terror has upset our checks and balances, sapping the justice system of its ability to prevent detention, torture and rendition of the innocent.
The Brennan Center's Justice Program is dedicated to justice system reform that reduces the gap between the promise of equal justice and the day to day reality. Our Access to Justice Project works to repair the "justice gap"—the inability of low income and of color communities to rely on courts and agencies to secure the rule of law and prevent harms. Our Liberty & National Security Project fights to restore checks and balances—the uniquely American method for keeping government honest and making public policy sound.
Rev. Boyle believes he was unfairly targeted by the U.S. for his religious convictions and stance against the war. Both are violations of his First Amendment rights and the Religious Freedom Restoration Act.
Geren v. Omar and Munaf v. Geren
The Brennan Center represents two United States citizens, Shawqi Omar and Mohammad Munaf, who have been detained by the United States in Iraq for more than two years, and whose cases will be heard in the Supreme Court in March 2008. On June 12, 2008, the Supreme Court issued its decision in this case.
The Center is defending a Qatari national detained as an “enemy combatant” in the United States. Mr. Al-Marri has been imprisoned without trial and without due process. The case was heard en banc in the Fourth District Court on October 31, 2007, and we are awaiting the decision. A separate, ongoing case is challenging Mr. al-Marri’s conditions of confinement.
Lessig, MAPLight & the Telecoms
Yesterday, I managed to catch Larry Lessig’s latest “Change Congress” Power Point presentation at the Personal Democracy Forum (PDF) here in New York City....
The issues were preliminary and the result of any ruling likely to be. But despite its preliminary nature, a simple Monday morning hearing in the D.C. District Court had the feeling of something much more....
Kennedy: “Liberty and Security Can Be Reconciled”
Today, the Supreme Court’s decision in Boumediene v. Bush was a clear rebuke of the Administration’s attempt to deny Guantanamo detainees’ basic rights....
Illustrations by Risko
BC Responds: Boumediene & Omar and Munaf Decisions
Today, in two cases, the Supreme Court affirmed the paramount importance of habeas corpus as a cornerstone of the rule of law.
Groups Across the Spectrum Join Forces in Defense of Separation of Powers
Attorneys at the Brennan Center filed a brief asking the District Court of Washington DC to allow Congress to proceed with its efforts to enforce the subpoenas issued against White House staffers Joshua Bolten and Harriet Miers.
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.
Memo to House Intelligence Committee on Telecom Immunity
Emily Berman addresses the issues with granting immunity to telecommunications carriers and proposes alternatives to awarding them complete amnesty.
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.
Emily Berman on the Firing of US Attorneys
Emily Berman on KUOW’s “The Conversation” discussing the firing of nine US attorneys and executive privilege.
Surveillance Bill: The Worst of All Worlds
Analysis of the just-passed “FISA Amendments Act of 2008” on The Nation’s web site.