Press Releases
Today, the Supreme Court, in Holder v. Humanitarian Law Project, upheld the extremely broad application of federal laws that prohibit material support for designated terrorist groups. The lawsuit challenged the application of the "material support" laws to organizations and individuals who seek to provide peacebuilding and human rights training to groups designated as terrorist organizations. Writing for a total of six justices, Chief Justice Roberts today rejected this challenge, finding that the application of the material support statutes to punish these groups' pure speech that seeks to further lawful, non-violent ends does not run afoul of the Constitution. Although the Court agreed that the statute's regulation of speech must be subject to a demanding level of scrutiny, the Court found that these sweeping restrictions were justified by the Government's interests in combating terrorism.
Congress does not need to pass new legislation to guide federal courts in their review of habeas cases in which individuals at the Guantanamo Bay detention facility challenge the lawfulness of their detention, according to a new report endorsed by sixteen former federal judges released today by two leading rights organizations, the Constitution Project and Human Rights First. In the report, Habeas Works: Federal Courts' Proven Capacity to Handle Guantanamo Cases, the former federal judges conclude that attacks on the judiciary's ability to review habeas cases are unfounded, as are calls for Congressional intervention. Simply put, the report finds, habeas is working.
16 Former Federal Judges Say New Legislation 'Unwarranted' to Address Guantanamo Detainee Habeas Rights (06/10/2010)
Congress does not need to pass new legislation to guide federal courts in their review of habeas cases in which individuals at the Guantanamo Bay detention facility challenge the lawfulness of their detention, according to a new report endorsed by sixteen former federal judges released today by two leading rights organizations, the Constitution Project and Human Rights First. In the report, Habeas Works: Federal Courts' Proven Capacity to Handle Guantanamo Cases, the former federal judges conclude that attacks on the judiciary's ability to review habeas cases are unfounded, as are calls for Congressional intervention. Simply put, the report finds, habeas is working.
Constitution Project Dismayed by D.C. Circuit's Refusal to Further Examine Uighurs' Cases (05/28/2010)
Today, the Constitution Project expressed disappointment in the decision by the U.S. Court of Appeals for the District of Columbia Circuit not to order a new fact-finding hearing for the five Chinese Muslims, known as Uighurs, still unlawfully detained at the Guantanamo Bay detention facility. Equally troubling was the majority's decision to reinstate the D.C. Circuit's broad prior ruling that federal courts lack the authority to order the release of non-citizens being held by the federal government into the United States. The D.C. Circuit was acting in response to a U.S. Supreme Court order in March vacating the court's earlier decision and ordering the D.C. Circuit to determine what further proceedings are appropriate. Although the Supreme Court had accepted the case for review in the fall of 2009, by early 2010, each of the Uighurs then remaining at Guantanamo had received offers of resettlement in other countries, and the Court directed a review of the implications of these developments.
Constitution Project Committee Member Testifies before the U.S. Sentencing Commission on Mandatory Minimums (05/27/2010)
Thomas W. Hillier, II, the Federal Public Defender for the Western District of Washington and member of the Constitution Project's Sentencing Committee, will testify before the United States Sentencing Commission today that the number of federal mandatory minimum sentences should be dramatically reduced. The hearing is being held pursuant to a Congressional directive requiring the Commission to report to the House Judiciary Committee on federal mandatory minimum sentences. The Commission will hear from many relevant perspectives on the issue, including executive branch officials, sentencing practitioners, law enforcement officials, academics, policy analysts, and advocacy groups.
Today, the Constitution Project’s bipartisan Liberty and Security Committee released a Statement Opposing the Terrorist Expatriation Act, in response to legislation introduced by Senators Joseph Lieberman (I-CT) and Scott Brown (R-MA) and Representatives Jason Altmire (D-PA) and Charlie Dent (R-PA), shortly after the failed bombing attempt in New York’s Times Square. The Statement explains the serious constitutional problems raised by this bill and ultimately urges Congress to reject this proposal. In particular, the 29 members of the committee joining the Statement point out that citizenship is a fundamental constitutional right that cannot be taken away unless it was unlawfully obtained or voluntarily renounced.
Constitution Project Files Brief Asking Supreme Court to Hear Case of Darick Demorris Walker (05/13/2010)
The Constitution Project filed an amicus brief with the United States Supreme Court today on behalf of Darick Demorris Walker, asking the Court to consider his death penalty appeal. Walker, who is on death row in Virginia, is scheduled to be executed on May 20, 2010. Police reports obtained by Walker’s attorneys after trial indicate that an eyewitness who testified at trial did not actually see the suspect, but rather heard the intruder's voice from another room. The prosecution did not turn over this key evidence discrediting the eyewitness to the defense before trial, as they were constitutionally required to under Brady v. Maryland.
The Constitution Project is troubled by proposals, including a suggestion by Attorney General Eric Holder, for legislation to allow law enforcement officials to interrogate terrorism suspects without notifying them of their legal rights under the Constitution. The attorney general, appearing on NBC’s “Meet the Press” yesterday, said interrogators need greater flexibility in notifying suspects of their rights to remain silent and to an attorney, established in the Supreme Court’s landmark case Miranda v. Arizona.
The Constitution Project has joined as a member of the “Digital Due Process” coalition calling for reform of the Electronic Communications Privacy Act (ECPA), a federal law that regulates the government’s access to private electronic communications. As part of this broad coalition of over thirty different technology companies, privacy advocates, and think tanks, the Constitution Project joins in urging Congress to update ECPA to ensure that civil liberties protections and Fourth Amendment principles extend to current and emerging wireless and internet technologies.
With the early morning arrest of Faisal Shahzad, the American citizen suspected of the attempted car bombing in New York City's Times Square, there have already been some members of Congress who are erroneously claiming that Mr. Shahzad should not have been "Mirandized." These claims fail to realize that the suspect, Mr. Shahzad, is a United States citizen, and was arrested on U.S. soil.
Constitution Project Expresses Disappointment in Supreme Court Refusal to Hear Case of Charles Dean Hood (04/19/2010)
The Constitution Project is disappointed by the Supreme Court's refusal today to hear the case of Charles Dean Hood, who has long protested that his constitutional right to a fair trial was violated because of an admitted affair between the prosecutor in his case and the judge presiding over his trial. Mr. Hood was sentenced to death in 1990 for a double murder.
Yesterday, in a letter organized by the Constitution Project and sent to the Senate Judiciary Committee, 27 former judges and prosecutors expressed concern with the recent attacks on Professor Goodwin Liu, President Obama’s nominee to the United States Court of Appeals for the Ninth Circuit, regarding his views on the death penalty. While not taking a position on Professor Liu’s nomination, the signatories to the letter, including both supporters and opponents of capital punishment, stated that the attacks on Professor Liu for his view on the death penalty are erroneous and misleading.
Constitution Project Joins Statement Calling for Transparency in Creation of Military Commissions Manual (04/06/2010)
Yesterday, the Constitution Project joined with eight other organizations and prominent scholars in releasing a statement calling for transparency and a public comment period as the Department of Defense develops its Manual for Military Commissions. The Manual, once approved by Congress, will spell out the rules governing the proceedings of the most recent version of military commissions, which were revised under the Military Commissions Act of 2009.
Yesterday afternoon, Judge Vaughn Walker of the U.S. District Court for the Northern District of California ruled in Al-Haramain Islamic Foundation v. Obama that the plaintiffs had been subject to illegal electronic surveillance in violation of the Foreign Intelligence Surveillance Act (FISA). The opinion grants the plaintiffs’ motion for summary judgment and sets forth, in detail, the lengthy and complicated litigation history of this case.
Constitution Project Files Brief in Support of Claims of Inadequate Legal Representation in Michigan (03/31/2010)
Today, the Constitution Project, along with the National Association of Criminal Defense Lawyers, Brennan Center for Justice, and NAACP Legal Defense & Educational Fund, filed an amicus brief with the Michigan Supreme Court, urging the Court to decide that those bringing the case have a sufficient claim for relief based on the State’s failure to provide them with constitutionally adequate representation in their respective criminal cases. The plaintiffs in the case of Duncan v. Michigan are eight indigent defendants who request, on behalf of themselves and a class of indigent defendants in three Michigan counties, that the Court declare the current public defense system unconstitutional and order the State to provide constitutionally adequate representation in the future.
Beyond Guantanamo Signatories Meet with Legislators to Support Prosecutions of Terrorism Suspects in Federal Court (03/18/2010)
Today, over a dozen signatories to Beyond Guantanamo: A Bipartisan Declaration came to Washington to meet with members of Congress to advocate for the trial of terrorism suspects in traditional federal court, rather than by military commission. Signatories also cautioned against using a system of indefinite detention to hold suspects without charge or trial. Today's efforts are particularly timely given recent fierce debates about these issues, along with pending legislation that could force the administration to pursue prosecutions of terrorism suspects only in military commissions.
Constitution Project Urges Obama Administration To Stick With Federal Court Prosecutions of 9/11 Conspirators (03/05/2010)
The Constitution Project urges the Obama administration to maintain its commitment to trying Khalid Sheik Mohammed and four others in federal court and to reject any proposed deal to shift their trials to military commissions. Reversing Attorney General Eric Holder’s decision in November to prosecute the 9/11 conspirators in federal court would be a major retreat on the administration’s pledge to restore the rule of law.
Yesterday afternoon, the Constitution Project joined with 25 other non-governmental organizations in sending a letter to President Obama urging his immediate appointment of members to serve on the Privacy and Civil Liberties Oversight Board (PCLOB). Originally created in response to the recommendations of the 9/11 Commission, the PCLOB is tasked with reviewing the privacy and civil liberties issues raised by the government's national security policies and programs. Congress enacted legislation in 2007 to strengthen the Board’s powers and make it independent from the White House. But President Obama has failed to nominate anyone to serve on the five-member Board, leaving it unable to fulfill its mandate or even begin operations.
Constitution Project Welcomes Supreme Court Order Vacating Decision of Appeals Court in Uighurs Case (03/01/2010)
The Constitution Project welcomes today's order by the U.S. Supreme Court vacating (voiding) the U.S. Court of Appeals for the District of Columbia Circuit's decision in February 2009, which had held that federal courts lack the power to order release of the Uighur detainees in the United States. The Project is disappointed, however, that the Court has dismissed this case and will not consider this important legal question on the power of courts to order appropriate remedies in detention cases.
In Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel, a bipartisan committee of experts sponsored by the Constitution Project recommends urgent federal attention to the crisis in our country's indigent defense system. The Justice Department's appointment of Harvard law professor Laurence H. Tribe to lead an effort to improve access to lawyers for those unable to afford one is an important step toward fulfilling the recommendations of the National Right to Counsel Committee.
Last night, the United States House of Representatives joined the Senate in approving a one-year extension for the three sunsetting sections of the Patriot Act: the business/library records, lone wolf, and roving wiretaps provisions. These provisions were originally set to expire at the end of the 2009 calendar year, but Congress passed a two-month extension late last year. The Senate adopted the one-year extension on Wednesday, and the House followed suit last night. The bill will now be sent to President Obama for his expected signature.
Late today, the Justice Department’s Office of Professional Responsibility (OPR) released its long-anticipated report on the conduct of Bush administration lawyers in providing the legal rationale for harsh interrogation tactics used by government personnel against suspected terrorists detained by the United States.
Earlier today, the Constitution Project joined with 14 other advocacy organizations in sending a letter to the United States Senate, urging senators to oppose S. 2977, legislation recently introduced by Senator Lindsey Graham (R-SC) that would prohibit the Department of Justice from using funds to prosecute the alleged planners or conspirators of the September 11 attacks in tradition federal courts. Senator Graham sought similar legislative language in November, when he proposed an amendment to the Commerce, Justice, and Science appropriations bill, which was then rejected by a vote of 54 to 45.
Constitution Project Organizes Amicus Brief in Support of Charles Dean Hood Cert Petition (02/18/2010)
Earlier today, 21 former judges, government officials, and prosecutors filed an amicus brief in support of Charles Dean Hood’s petition to the United States Supreme Court asking the Court to hear the case. Hood was sentenced to death in 1990 for a double murder, but has long protested that his constitutional right to a fair trial was violated due to the romantic relationship between the prosecutor in his case and the judge presiding over his trial.
Constitution Project Applauds Obama Administration's Commitment to Federal Court Prosecution of 9/11 Conspirators (01/29/2010)
The Constitution Project applauds the Obama administration for standing firm in its commitment to conduct the previously-announced September 11th trials in federal court. In recent days, there has been extensive media buzz about the planned trials of Khalid Sheikh Mohammed and four others in federal court in the Southern District of New York, with New York City Mayor Michael Bloomberg and other city and state officials stating their support for a shift in venue for the trials. In asking the Department of Justice to consider moving the trial out of New York City, the administration has correctly focused on where the trials should be held and has not retreated from its decision to rely on our traditional federal courts.
In the Republican response to President Barack Obama's State of the Union address tonight, Governor Bob McDonnell suggested that federal authorities erred in choosing to prosecute Umar Farouk Abdulmutallab in traditional federal court. He implied that the government would have obtained additional intelligence had it kept him outside the jurisdiction of our traditional legal system.
Constitution Project Decries Obama Administration Decision To Indefinitely Detain Some Detainees Without Charge (01/22/2010)
In news accounts this morning, it was reported that, on the anniversary marking President Obama’s pledge to close the Guantánamo Bay detention facility within one year, the administration will pursue a policy of indefinite detention without charge for approximately 50 detainees still held at Guantánamo. The administration had previously acknowledged that it will miss the deadline to close the facility, while continuing its pledge to see the detention facility closed.
Today marks the eight-year anniversary of the establishment of the detention facility at Guantanamo Bay Naval Base. During his presidential campaign, President Obama often pledged to close the facility and end the military commissions taking place. On his second full day in office, the president signed an executive order promising to close the detention facility within one year. It is now acknowledged within the administration that this deadline will not be met, but the president and his advisors continue to pledge their commitment to closing the facility.
Constitution Project Welcomes Enhanced Transparency Recommendations from Obama Administration (12/15/2009)
Earlier today, the Obama administration released its recommendations for federal government agencies’ handling of “controlled-unclassified information” (CUI), namely information that the government finds sensitive but does not meet the standards for designation as “classified.” The report includes 40 specific recommendations to standardize the CUI system, facilitate information sharing within government, and, critically, promote government transparency. The Presidential Task Force report is the result of the 90-day review ordered by President Obama last May.
Constitution Project Welcomes Thomson Acquisition if Used for Pre-Trial and Post-Conviction Detention (12/15/2009)
It was widely reported this morning that the Obama administration will announce later today that the federal government will acquire the Thomson Correctional Center in northwest Illinois to hold a limited number of suspected terrorists currently being held at Guantanamo Bay. What remains unclear is the purpose to which the detention facility will be put. In May, President Obama proposed “prolonged detention” for those the government is unable to charge. The Constitution Project welcomes the Thomson acquisition for pre-trial detention and post-conviction incarceration only, and cautions that any “indefinite” or “prolonged detention” policy would be met with strong resistance.
Constitution Project Committee Member Briefs Michigan on Urgently Needed Indigent Defense Reforms (12/14/2009)
The House Judiciary Committee held a briefing today on our country’s indigent defense crisis at Wayne State University in Detroit, Michigan. Professor Norman Lefstein, member of the Constitution Project’s National Right to Counsel Committee, participated in the briefing, urging the state to adopt the reforms outlined in Justice Denied: America’s Continuing Neglect of Our Constitutional Right to Counsel, the Committee’s bipartisan report and recommendations released earlier this year. Professor Lefstein of Indiana University School of Law (Indianapolis) helped author Justice Denied.
Constitution Project Files Supreme Court Amicus Brief in Support of Uighurs' Court-Ordered Release (12/11/2009)
Today, the Constitution Project, along with five other non-governmental organizations, filed a friend-of-the-court brief in the U.S. Supreme Court in Kiyemba v. Obama, in support of the seven Chinese Muslims or Uighurs still detained at Guantanamo Bay. The Constitution Project’s brief argues that the courts must have the power to order release as a remedy, given the Supreme Court’s ruling in Boumediene recognizing the Guantanamo detainees’ habeas rights.
Constitution Project Representatives Urge Congress to Restore Habeas Corpus for Death Penalty Cases (12/08/2009)
Two representatives of the Constitution Project will testify before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties this afternoon at a hearing to consider the impact of limits on federal habeas corpus in death penalty cases. Stephen F. Hanlon, Chair of the Constitution Project’s Board of Directors, Chair of the American Bar Association’s Death Penalty Moratorium Project Steering Committee, and partner at Holland and Knight, will testify on behalf of the ABA
Constitution Project Proposes Much-Needed Reforms to Limit Immigration Detention and Improve Access to Counsel (12/02/2009)
Today, the Constitution Project put forth bipartisan recommendations for much-needed reforms to limit the use of immigration detention and improve access to legal representation in immigration proceedings. Titled Recommendations for Reforming our Immigration Detention System and Promoting Access to Counsel in Immigration Proceedings, the report is a product of the Project's Liberty and Security Committee, made up of policy experts from across the political spectrum. The findings were unveiled at a panel discussion at the National Press Club, which featured Liberty and Security Committee member Asa Hutchinson, former member of Congress (R-AR) and Undersecretary for Border & Transportation Security at the Department of Homeland Security, as well as a former immigration judge and immigration advocates.
Prominent Illinois Former Prosecutors and Judge Declare U.S. Prisons Fit to House Guantanamo Detainees (11/30/2009)
In an open letter sent to the Illinois congressional delegation and the state’s public officials today, three prominent Illinoisans supported the use of federal and state prisons, including the one at Thomson, Illinois, to house Guantanamo detainees pre-trial and post-conviction. An effort coordinated by the Constitution Project, the letter is joined by Abner J. Mikva, former Illinois member of Congress and former federal judge, Thomas P. Sullivan, former U.S. Attorney for the Northern District of Illinois, and Dan K. Webb, also a former U.S. Attorney for the Northern District of Illinois.
Today, the Constitution Project and The Rutherford Institute filed a friend of the court brief in the U.S. Supreme Court in Holder v. Humanitarian Law Project. The caseinvolves federal laws prohibiting “material support” of terrorist groups and challenges the application of these laws to organizations and individuals who seek to provide human rights training to a designated group. The amicus brief argues that applying the material support statutes to punish pure speech that seeks to further lawful, non-violent ends is unconstitutionally overbroad. The brief explains that the challenged provisions of the material support laws conflict with First Amendment protections for free speech and freedom of association, and should therefore be struck down by the Court.
Today, a bipartisan coalition of former government officials, scholars, practitioners, and other experts serving on the Constitution Project’s Liberty and Security Committee have proposed reforms to federal laws prohibiting material support for terrorism that are needed to ensure constitutional liberties. The recommendations come at an especially critical time, as yesterday the Humanitarian Law Project filed its opening brief in the U.S. Supreme Court in Holder v. Humanitarian Law Project, challenging the application of federal material support laws to punish pure speech that seeks to further lawful, non-violent ends.
In light of the announcement by Attorney General Eric Holder designating several alleged 9/11 conspirators held at Guantanamo to be tried in civilian federal courts in New York, the organization September Eleventh Families for Peaceful Tomorrows announced its support for the decision. The September Eleventh Families for Peaceful Tomorrows represents family members of 9/11 victims and advocates for trying the detainees in U.S. federal courts, and not in military commissions. They believe it is of the utmost importance for those accused of these heinous acts to be treated in a constitutionally sound manner. Only in that way will they get the justice they deserve.
Today, Attorney General Eric Holder announced that Khalid Sheikh Mohammed and four other Guantanamo Bay detainees will face prosecution in a federal court in New York for the 9/11 terrorist attacks. Also announced were plans for Abd al-Rahim al-Nashiri, a suspect in the U.S.S. Cole bombing, along with four other detainees, to be tried using military commissions. The Constitution Project welcomes the decision to prosecute in federal courts some detainees suspected of acts of terrorism, while expressing concern about the decision to abandon that system for other detainees in favor of military commissions.
The largest bipartisan group of prominent Americans to propose a plan for closing the Guantanamo Bay detention facility has backed a single scheme for the disposition of cases of current and future detainees. Former members of Congress, diplomats, federal judges and prosecutors, high-level military and government officials, as well as national security experts (list available here) today backed a plan for the handling of detainees when the detention facility is closed.
Earlier today, the Constitution Project and the University of Maryland Center for Health and Homeland Security brought together a group of expert panelists at the National Press Club to discuss the civil liberties implications of the government’s response to the H1N1 flu, more commonly known as swine flu.
Constitution Project Welcomes Law Allowing Transfer of Detainees into U.S. For Prosecution (10/28/2009)
Earlier today, President Barack Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (NDAA), a major funding bill that attracted a plethora of national security related amendments. Contained within the NDAA is a provision allowing for the transfer of suspected terrorists held at the Guantanamo Bay detention facility into the United States to face prosecution. The Constitution Project welcomes the provision permitting transfers, which will facilitate the prosecution of terrorist suspects in federal court. Unfortunately, at the same time, the language forbids any detainee’s release from custody into the United States, a decision best left to the courts and the prosecuting authorities. Finally, the law requires advance notice to Congress before transfer to another country.
The Constitution Project welcomed the introduction of legislation this afternoon that would amend the USA Patriot Act to strengthen the privacy protections for innocent Americans while providing the federal government with the surveillance authorities necessary to keep our nation safe. The legislation addresses the three provisions of the Patriot Act scheduled to sunset this year as well as the national security letter (NSL) provision. The Project praised House Judiciary Committee Chairman John Conyers, and Representatives Jerrold Nadler and Bobby Scott for cosponsoring the USA PATRIOT Amendments Act of 2009 while calling on the committee to adopt the legislation as introduced to ensure implementation of the bill’s protections for individual rights.
The Constitution Project welcomes the United States Supreme Court’s decision today that it will hear the case involving the Chinese Muslims, known as Uighurs, being unlawfully detained at Guantanamo. The U.S. military and the courts have long recognized that the Uighur detainees do not pose a threat to the United States, therefore leaving no legal basis for their continued detention. Federal District Court Judge Urbina ordered they be released into the United States last October, but the U.S. Court of Appeals for the District of Columbia Circuit reversed, deciding that courts lacked the authority to order such a release. The Uighurs then sought review of their case, Kiyemba v. Obama, by the Supreme Court.
In a letter sent today to the leadership of the House and Senate Judiciary Committees, the Constitution Project joined with six other human rights and open government advocacy organizations in urging the members of Congress to enact legislation to protect the role of the courts in determining whether the state secrets privilege applies in given cases. The groups noted that legislative action is still needed despite yesterday’s announcement by the Department of Justice of a new administration state secrets policy. Bills that would provide such reform have already been introduced in each chamber of Congress, both titled the State Secrets Protection Act: S. 417 sponsored by Senator Patrick Leahy (D-VT), and H.R. 984 sponsored by Representative Jerrold Nadler (D-NY).
Attorney General Eric Holder announced today a new policy tightening the standards for when executive agencies may assert the state secrets privilege to prevent disclosure of national security secrets in litigation. The announcement marks a shift in policy away from the broad assertions of secrecy previously made by both the Bush and Obama administrations in such cases. The Constitution Project welcomes today’s announcement by the Department of Justice as an important first step in the right direction, defining and limiting the ability of the executive branch to assert the privilege. However, the Constitution Project calls on the administration and Congress to support legislation to protect and clarify the role of the courts in determining whether the state secrets privilege properly applies in given cases.
The Senate Judiciary Committee is scheduled to hold a hearing today to address the need for reform to the USA PATRIOT Act, which has three provisions that will sunset at the end of the year unless reauthorized by Congress. Yesterday, Committee Chairman Patrick Leahy, along with Senators Benjamin Cardin and Ted Kaufman introduced the USA Patriot Act Sunset Extension Act to reauthorize these expiring provisions, while incorporating important civil liberties safeguards.
As the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties meets today for a hearing on the USA PATRIOT Act, the Constitution Project’s Liberty and Security Committee releases its Statement on Reforming the Patriot Act. Thomas B. Evans Jr., former member of Congress from Delaware and Co-Chairman of the Republican National Committee, and Michael German, policy counsel for the American Civil Liberties Union and former FBI agent, both members of the Project’s Liberty and Security Committee, are scheduled to testify before the Subcommittee during today’s hearing.
The Texas Court of Criminal Appeals dismissed the habeas application of Charles Dean Hood today, ignoring evidence that his right to a constitutionally fair trial was inherently violated because of the romantic relationship between his prosecutor and the judge presiding over his trial.
Interrogation Reports Further Demonstrate the Need for Comprehensive Nonpartisan Commission of Inquiry (8/24/2009)
The Obama administration today made public more portions of the 2004 CIA Inspector General report that examined the agency’s interrogation program used for suspected terrorists in the aftermath of the attacks on September 11, 2001. The newly-released information provides additional details on the now widely-discredited legal rationale used to justify harsh interrogation tactics – tactics that have since been prohibited by President Obama.
The United States Supreme Court decided today to order a federal judge in Georgia to hear new evidence in the Troy Davis case, evidence Davis says supports his claim of innocence. Davis, who has been on death row in Georgia since 1989, was found guilty of killing an off-duty police officer based on the testimony of nine eyewitnesses, with no physical evidence directly linking him to the crime. But since his conviction, seven of those nine witnesses have recanted their original statements, another man has boasted of having committed the crime, and new witnesses have come forward to identify that man as the real perpetrator. Some of the original witnesses claim that the police pressured them into identifying Davis as the perpetrator.
Recent news accounts indicate that Attorney General Eric Holder is close to appointing a special prosecutor to investigate the treatment of suspected terrorists held by the United States.
Over the weekend, it was reported that the Obama administration is considering whether to modify a detention facility in the United States to contain courtrooms to hold both federal criminal trials and military commission proceedings for some suspected terrorists currently held at Guantanamo Bay. More recently, a conflicting account also from administration officials said the Justice Department is referring detainee cases to federal prosecutors in New York City, Virginia, and Washington, D.C.
The Senate Judiciary Subcommittee on Terrorism and Homeland Security has scheduled a hearing for this afternoon to examine the options available to prosecute suspected terrorists - those currently held at the Guantanamo Bay detention facility and elsewhere, as well as for future detainees. The Constitution Project welcomes further hearings to discuss the merits of various avenues to try detainees, but warns against seeking to reform the flawed and tainted military commissions adopted under the Military Commissions Act of 2006.
The Constitution Project released a report today that highlights the problems with current government policies for identifying and handling classified and sensitive information. "Reining in Excessive Secrecy: Recommendations for Reform of the Classification and Controlled Unclassified Information Systems," offers specific policy reforms that would improve government transparency, as well as ensure protection of both our national security and core constitutional principles.
The House Armed Services Committee is scheduled to hold a hearing this afternoon to examine the legal implications of reforming the military commission system for trials of suspected terrorists. In May, President Obama announced his plan to revive the military commissions for a number of detainees currently being held at Guantanamo Bay. Although the Constitution Project welcomes Congress' efforts to evaluate this crucial policy matter carefully, the Project urges Congress to ultimately reject this dangerous proposal.
The Constitution Project and the Project On Government Oversight (POGO) both unveiled handbooks today explaining congressional oversight authority and the respective roles and powers of Congress and the executive branch. The handbooks’ release to the public was accompanied by a panel discussion at the National Press Club. The Constitution Project’s “When Congress Comes Calling: A Primer on the Principles, Practices, and Pragmatics of Legislative Inquiry,” and POGO’s “The Art of Congressional Oversight: A User’s Guide to Doing it Right,” provide practical guidance on the conduct of congressional oversight by explaining the appropriate usage of oversight tools.
Mandatory Minimums Fail to Achieve Justice (7/14/2009)
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security has scheduled a hearing today to examine mandatory minimum sentencing. The Subcommittee will consider three different proposed pieces of legislation that seek to provide judges with more discretion to avoid unjust outcomes when handing down sentences. The Constitution Project applauds the Subcommittee for today’s hearing and for moving forward with these much-needed fixes to our nation’s sentencing policies.
The Senate Armed Services Committee is scheduled to hold a hearing this morning to examine the legal issues surrounding military commissions and trials of suspected terrorists already in United States custody. In May, President Obama announced his intention to revive the military commissions for a select group of detainees being held at Guantanamo Bay. Although the Constitution Project welcomes Congress’ efforts to evaluate this crucial policy matter carefully, the Project urges members of Congress to ultimately reject this fundamentally flawed proposal.
Constitution Project Decries Consideration of Preventive Detention by the Obama Administration (6/29/2009)
Recent news accounts indicate that the Obama administration is considering issuing an executive order that would establish a policy of indefinite detention without charge for some of the suspected terrorists being held at the Guantanamo Bay detention facility, where more than 200 men are still being detained. In his speech on national security matters in May, President Obama spoke of the need to create a system of “prolonged detention” for a category of detainees who cannot be tried and are too dangerous to release. The Constitution Project rejects this premise and urges the administration not to follow this course.
The United States Supreme Court issued a troubling ruling this morning in District Attorney's Office v. Osborne, denying an individual convicted of a crime access to DNA testing even though both the prosecution and defense agree the evidence would prove guilt or innocence. In its 5 to 4 opinion, the Court found that DNA evidence has "an unparalleled ability" to prove a defendant's innocence or guilt, but that "cannot mean that every criminal conviction, or even every criminal conviction involving biological evidence, is suddenly in doubt."
The Department of Justice announced late last week that four of the 17 Chinese Muslims—known as Uighurs—were released from detention at Guantanamo Bay and settled in the nation of Bermuda. The Constitution Project welcomes their release and applauds the government of Bermuda for its willingness to accept the four men and end their detention.
Constitution Project Dismayed By Department of Justice's Request for Review of State Secrets Case (6/12/2009)
The Obama administration filed a brief today seeking a full bench, or en banc, review of the U.S. Court of Appeals for the Ninth Circuit’s decision earlier this year in Mohamed v. Jeppesen Dataplan. In April, the Court rejected the administration’s claim that the “very subject matter” of a case alleging torture is a state secret. The Constitution Project praised the Court’s decision and is troubled by the Obama administration’s continued adoption of an overly-broad assertion of the state secrets privilege, as exhibited by today’s filing.
News accounts this morning indicate the United States has reached an agreement with Palau, a Pacific archipelagic nation, to accept the 17 Chinese Muslims, known as Uighurs, currently being held at the Guantanamo Bay detention facility. The Uighurs have been held at Guantanamo for nearly seven years now, but have long been recognized by the U.S. government not to be “enemy combatants,” nor hostile to the U.S., dating back to the Bush administration. The Constitution Project welcomes their long-overdue release from detention.
Constitution Project Welcomes Transfer of Detainee Into Federal Judicial System to Face Charges (6/09/2009)
Today marks the first time the Obama administration has transferred a suspected terrorist being held at Guantanamo Bay into the United States to face criminal charges. Ahmed Ghailani, a native Tanzanian held at Guantanamo since September 2006, was moved to the Metropolitan Correctional Center in Manhattan this morning and is expected to face federal charges later today for involvement in the 1998 East African embassy bombings. The Constitution Project welcomes today’s transfer and reliance on the federal criminal justice system to handle the prosecutions of those being detained at Guantanamo.
"Prolonged Detention" Would Continue Ruinous Policies of Guantanamo, Says Constitution Project (6/09/2009)
Today, the Senate Judiciary Subcommittee on the Constitution is scheduled to hold a hearing titled “The Legal, Moral, and National Security Consequences of ‘Prolonged Detention.’” President Obama raised the possibility of a “prolonged detention” policy in his address to the nation on national security issues last month. The Constitution Project calls on Congress to restore the rule of law and oppose indefinite detention without charge for suspected terrorists.
Two members of the Constitution Project’s Liberty and Security Committee will testify today before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties at a hearing on H.R. 984, the State Secret Protection Act. Asa Hutchinson, former member of Congress (R-AR), director of the Drug Enforcement Agency, and undersecretary for the Department of Homeland Security under President Bush, as well as Judge Patricia Wald, former Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, will testify in support of reform of the state secrets privilege. The hearing, scheduled for 2 p.m., is being held to examine legislation introduced by Representatives Jerrold Nadler (D-NY) and Tom Petri (R-WI) that would overhaul the privilege while protecting sensitive national security information. The bill would restore the role of courts in evaluating evidence that the executive branch claims is subject to the state secrets privilege.
Three members of the Constitution Project’s National Right to Counsel Committee will testify today before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security at a hearing titled “Indigent Representation: A Growing National Crisis.” Rhoda Billings, former Chief Justice of the North Carolina Supreme Court, Alan J. Crotzer, who was wrongfully convicted and spent over 24 years in prison before being exonerated by DNA evidence, and Robert M.A. Johnson, district attorney for Anoka County, Minnesota, will testify on the urgent need for reform of indigent defense systems nationwide.
Constitution Project and Prominent Conservatives Call for Release of Uighurs From Guantanamo (5/29/2009)
Recent news accounts indicate that the United States is facing resistance from foreign allies in granting asylum to detainees slated for release from Guantanamo, obstructing the Obama administration’s plan to close the detention facility. The reluctance is centered on the U.S.’s refusal thus far to admit any detainees itself. Following these signals, the Constitution Project and nine prominent conservatives released a statement today calling on the federal government to end the unlawful detention of the seventeen Chinese Muslims—known as Uighurs—currently being detained and recognize its responsibility in resettling some of those being held.
Constitution Project Reissues Recommendations for Ideological Consideration in Judicial Nominations (5/26/2009)
In light of today’s nomination by President Obama of Judge Sonia Sotomayor to serve on the United States Supreme Court, the Constitution Project reaffirms guidelines for the confirmation process that it previously recommended in its report, “Uncertain Justice: Politics and America’s Courts.”
In his much-anticipated speech today at the National Archives, President Obama reaffirmed that adhering to America’s constitutional principles strengthens our resolve, while keeping our nation safe. The bipartisan Constitution Project applauds his call that: “We will not be safe if we see national security as a wedge that divides America – it can and must be a cause that unites us as one people, as one nation.” The Constitution Project has long recognized that neither our national security nor our constitutional rights are partisan issues. We join the president in condemning the “fear-mongering” of the recent debate over the fate of Guantanamo detainees. The Project also commends the President for publicly reaffirming his commitment to try as many detainees as possible in our federal courts and to abide by previous court rulings to release twenty-plus detainees.
While testifying before the Senate Appropriations Committee today, Defense Secretary Robert Gates suggested that the Defense Department may be planning to construct a detention facility on U.S. soil as part of a new system of indefinite preventive detention for Guantanamo detainees who are not transferred to other countries, nor provided with criminal trials in federal court. He suggested that as many as 100 Guantanamo detainees might then be held indefinitely in such a facility without ever facing trial. He went on to ask rhetorically, “What do we do with the 50 to 100—probably in that ballpark—who we cannot release and cannot try?” The Constitution Project calls on the Obama administration to end the policy of indefinite detention without charge – bringing our national security policies into line with the rule of law.
News accounts indicate that President Obama will announce today his intent to restart the military commissions for some number of suspected terrorists detained at Guantanamo Bay. The commission proceedings were an affront to our nation’s ideals of justice and due process. A decision by President Obama to revive them, even with enhanced due process protections for the detainees, will surely be controversial in this nation and throughout the world.
Today, the Constitution Project, along with other non-governmental organizations, filed a friend of the court brief in the U.S. Supreme Court urging the Court to accept review of a case in which 17 Chinese Muslims, known as Uighurs, seek release from Guantanamo now that they have been recognized not to be enemy combatants. The brief urges the Court to take the case, Kiyemba v. Obama, and reverse the decision of the U.S. Court of Appeals for the District of Columbia that the courts lack the authority to order the release of the Uighurs.
(4/30/2009)
The Constitution Project welcomes today’s decision of the U.S. Court of Appeals for the Ninth Circuit rejecting the Executive Branch’s claim that the “very subject matter” of a case alleging torture is a state secret. The Court reversed the district court’s dismissal of the lawsuit, and held that the case, Mohamed v. Jeppesen Dataplan, can proceed. The court held that the state secrets privilege is an evidentiary doctrine, and the question for courts “is only which evidence is secret and may not be disclosed in the course of a public trial.”
The Senate Armed Services Committee released its much-anticipated and newly-declassified report late yesterday on the treatment of detainees while in U.S. custody. The 232 page report—the result of an 18 month investigation by the Committee—shows that harsh interrogation methods used on detainees were authorized at the highest levels of the Bush White House. This follows last Thursday’s release of four Office of Legal Counsel (OLC) memos that provided the legal rationale justifying the interrogation methods.
Last week, the Constitution Project welcomed Matthew Allee as the organization’s new Director of Communications and Outreach. In this capacity, Mr. Allee will devise and implement the Constitution Project’s public affairs efforts.
The Constitution Project’s National Right to Counsel Committee released its much-anticipated report, Justice Denied: America’s Continuing Neglect of our Constitutional Right to Counsel, today at an event held at Arnold & Porter LLP. The report details the endemic and systemic failures of the indigent defense system and recommends twenty-two specific and urgently needed reforms to fix them. The full report and other relevant materials are available online here.
On March 26, 2009, Senator Jim Webb (D-VA) introduced bipartisan legislation, the National Criminal Justice Commission Act of 2009, to create a blue-ribbon commission to review America's criminal justice system and provide recommendations for reform. The commission would be comprised of experts in fields including criminal justice, law enforcement, public heath, national security, prison administration, social services, prisoner reentry, and victims' rights. Senators Arlen Specter (R-PA) and Lindsey Graham (R-SC) are just a few of the bill's co-sponsors.
Constitution Project Salutes Supreme Court Ruling Guaranteeing Counsel in Clemency Proceedings (4/2/09)
Yesterday, the U.S. Supreme Court held in Harbison v. Bell that federal law authorizes federally appointed counsel to represent their clients in state clemency proceedings and entitles them to compensation for that representation. Justice Stevens wrote the majority opinion, which Justices Kennedy, Souter, Ginsburg, and Breyer joined.
The Constitution Project and fellow co-sponsors the Georgetown Center on National Security and the Law and Human Rights First brought together a group of esteemed panelists to answer some of the open questions that the Obama administration must address concerning detention and trials of accused terrorists.
Constitution Project Hails Supreme Court Order to Vacate Lower Court Enemy Combatant Ruling (3/6/09)
Today, the U.S. Supreme Court ordered the U.S. Court of Appeals for the Fourth Circuit to vacate (i.e., “void”) its ruling permitting the President to indefinitely detain individuals living legally in the U.S. that the government asserts are terrorists. In recent days, the Obama administration charged Ali Saleh Kahlah al-Marri with conspiracy and material support for terrorism and indicated its plan to prosecute him in a civilian criminal court.
Today, the U.S. Supreme Court ordered the U.S. Court of Appeals for the Fourth Circuit to vacate (i.e., “void”) its ruling permitting the President to indefinitely detain individuals living legally in the U.S. that the government asserts are terrorists. In recent days, the Obama administration charged Ali Saleh Kahlah al-Marri with conspiracy and material support for terrorism and indicated its plan to prosecute him in a civilian criminal court.
