Liberty & National Security
In the wake of the September 11th attack, the American government
moved aggressively to protect the
Through the
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.
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.
Hearing Testimony on Habeas Corpus and Detentions
Jonathan Hafetz explains why restoring habeas is essential to regaining the legitimacy and moral credibility necessary to build an effective counter-terrorism policy.
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.