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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Report of the Liberty and Security Initiative on First Amendment Issues
Liberty and Security Committee report examines First Amendment issues raised by immediate response to 9/11 including refusal to disclose names of individuals arrested in investigations, weakening FOIA, and FBI surveillance of religious and political gatherings. Committee recommends reforms to safeguard First Amendment rights.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Merits Stage)
Federal and State Government Officials arguing that the petitioner's death sentence be set aside because the prosecution’s use of perjured testimony in this case was prejudicial and thus denied petitioner due process and defense counsel’s ineffective performance during the penalty phase also was prejudicial, thereby depriving petitioner of his Sixth Amendment right to effective assistance.
State Wiretaps and Electronic Surveillance After September 11
Research article describing constitutional framework and current state laws on wiretapping done for TCP's Liberty and Security Committee.
Appendix A: State Wiretap Laws
Appendix A to article on state wiretap laws outlining each state's actual current laws.
Appendix B: State Wiretap Legislation
Appendix B to article on state wiretap laws outlining pending wiretap legislation in various states.
Amicus Brief in Wiggins v. Smith (U.S. Supreme Court, Cert. Stage)
Arguing that the Court of Appeals of Maryland unreasonably applied Supreme Court precedent from Strickland v. Washington to the facts in this case, counsel's performance was deficient under Strickland by failing to conduct a sufficient investigation into potential mitigating evidence, and Wiggins case was prejudiced by the failure to investigate and introduce the mitigating evidence.
Amicus Brief in Spargo v. NY State Commission on Judicial Conduct (Second Circuit)
The case concerns a state judge, Thomas A. Spargo, who was alleged to have committed several ethical violations involving political partisanship. A district court judge held that the ethical rules Spargo was alleged to have violated were unconstitutional. The amicus brief urges the appellate court to reverse the lower court' s decision and hold that the ethical rules barring political partisanship were constitutional, since it is reasonably for society to expect judges to remain above the political fray.
The Creation of the United States Northern Command: Potential Constitutional, Legal, and Policy Issues Raised By a Unified Command For The Domestic United States
Liberty and Security Committee report examines constitutional issues of executive power with establishing domestic military command, and military conducting intelligence operations.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Cert. Stage)
Former Judges, Prosecutors, and other Public Officials arguing that unfairness in capital prosecutions undermines public confidence in the capital punishment system, discloure of exculpatory or impeachment evidence is essential to ensure fundamental fairness in capital cases, and the integrity of the capital sentencing process depends on adequate representation at each stage of the proceedings.
Recommendations for the Use of Military Commissions
The report of the Constitution Project’s Liberty and Security Initiative delineates the concerns raised by the proposed use of military tribunals to try terrorism suspects. The central recommendation of the Initiative’s blue-ribbon panel is that the jurisdiction of the military tribunals be limited to trials of combatants captured overseas on the battlefield.
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