Analysis & Commentary
Liberty & National Security
Strength, Security, and Shared Responsibility: Preventing Terrorist Attacks a Decade after 9/11
The Brennan Center for Justice and NYU School of Law hosted Homeland Security Secretary Janet Napolitano on June 7th for a discussion on post-9/11 homeland security.
Authored by: Secretary Janet Napolitano
– 06/07/11
Letter to Attorney General Holder on the Justice Department’s State Secrets Policy
The Brennan Center for Justice sent the following letter to the Department of Justice asking it to implement the state secrets policy it announced on September 23, 2009. The Brennan Center initially sent a letter on December 15, 2010, but after five months the DOJ has neither responded to nor acknowledged receipt of the letter.
– 05/16/11
Emily Berman Discusses the PATRIOT Act in New Podcast
Emily Berman participated in the most recent installment of the There Is No Spoon podcast series, which examined civil rights and civil liberties issues raised by the PATRIOT Act and FBI stings authorized under the 2008 Attorney Generals’ Guidelines issued by then Attorney General Michael Mukasey.
– 04/12/11
A Broader Perspective on WikiLeaks
The U.S. already classifies and hides too much information. The danger is that, due to WikiLeaks, it will try to hide more.
Authored by: Frederick A.O. Schwarz Jr.
– 03/07/11
Who Will Watch the Watchers?
With the departure of Glenn Fine as Inspector General, senior officials at the FBI and DOJ, members of Congress, and the American people must take a more active role in demanding accountability and transparancy.
Authored by: Emily Berman
– 02/07/11
Politicizing Prosecutions — Again
Congress' ban on using defense funds to transfer Guantánamo detainees into the U.S., meant to thwart their trials in civilian courts, is textbook interference with prosecutorial discretion.
Authored by: Elizabeth Goitein
– 01/24/11
Emily Berman Discusses Ahmed Khalfan Ghailani and Guantanamo
Emily Berman discusses the recent acquittal of Ahmed Khalfan Ghailani on most counts of terrorism charges – and the Obama administration's plan going forward to provide fair trials to Guantanamo detainees.
– 11/22/10
Secrecy, Fear, and the National Security State: A lecture on American democracy
Fritz Schwarz delivered a lecture entitled "The National Security State and Other Dangers to Democracy" on November 11, 2010, at the John F. Kennedy Institute for North American Studies at the Free University of Berlin.
"Crisis and its cousin fear always make it tempting to ignore the wise restraints that keep us free. That is not new. But America has been living in an atmosphere of crisis for an unusally long time."
Authored by: Frederick A.O. "Fritz" Schwarz, Jr.
– 11/22/10
FBI Overreaching
Agency should be prohibited from using highly intrusive investigative techniques unless there is some basis to suspect wrongdoing.
Authored by: Emily Berman
– 11/08/10
Faiza Patel Moderates Discussion on Islam in America
On the night of the 2010 midterm elections, the Brennan Center's Faiza Patel moderated a discussion on Islam in America between author Amitava Kumar and British novelist Hari Kunzru.
– 11/08/10