Legislation & Testimony
Detainee Policy
Letter to AG Holder Regarding Terrorist Suspects and the Miranda Warning
We urge Attorney General Holder to reconsider his call for Congressional action to expand the public safety exception to the use of the Miranda Warning.
– 05/17/10
Emily Berman’s Statement for the Record for Hearing on Torture and the Office of Legal Counsel
Emily Berman submitted a Statement for the Record regarding the most troubling legal deficiencies in the three May 2005 memoranda issued by the Justice Department’s Office of Legal Counsel to the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.
Authored by: Emily Berman
– 05/20/09
Frederick A.O. Schwarz Jr. Before Hearing on “Truth Commission”
Testimony in support of a nonpartisan, independent commission of inquiry. Delivered before Senator Leahy’s hearing, “Getting to the Truth Through a Nonpartisan Commission of Inquiry”
Authored by: Frederick A.O. Schwarz Jr.
– 03/04/09
Frederick A.O. Schwarz Jr. Before Hearing on “Truth Commission” | Q&A
Two video clips from the question and answer portion of the hearing. Schwarz is asked about immunity and is briefly questioned by Sen. John Cornyn (R-TX).
Authored by: Frederick A.O. Schwarz Jr.
– 03/04/09
Investigating Violations of the Rule of Law in Counter-Terrorism Policy
Proposal for an independent commission to investigate any violations.
– 12/29/08
Letter to AG Mukasey Regarding Special Administrative Measures on Syed Fahad Hashmi
The Brennan Center expresses concern about the Special Administrative Measures imposed on Mr. Hashmi and the prospect of their renewal.
– 10/20/08
Response to Sen. Sheldon Whitehouse’s Questions
Questions raised after “Restoring the Rule of Law,” a hearing before the Senate Judiciary Committee Subcommittee on the Constitution that took place in Sep. 2008.
Authored by: Frederick A.O. Schwarz, Jr.
– 10/07/08
Restoring the Rule of Law
Testimony delivered before the Senate Subcommittee on the Constitution, Civil Rights, and Property Rights.
Authored by: Frederick A.O. Schwarz, Jr.
– 09/16/08
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.
– 06/26/07
A Discussion on Restoring Habeas Corpus Rights to Detainees
Speaking before the National Press Club, Jonathan Hafetz addresses the violation of habeas corpus rights of Guantánamo detainees. He explains the importance of habeas review and why it is crucial to the creation of an effective counter-terrorism policy.
– 05/17/07