Legislation & Testimony
Liberty & National Security
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
– 09/16/08
DoJ’s Changes to Intelligence-Gathering and Investigative Regulations
On September 29, 2008, the Department of Justice issued new FBI Guidelines on intelligence-gathering and investigative, and has proposed changes to the federal regulation 28 C.F. R. part 23. Learn more about why the Brennan Center objects to the changes, and what we are doing in response.
– Ongoing
Frederick A.O. Schwarz before the Hearing on “Executive Power and Its Constitutional Limitations”
Mr. Schwarz called for an in-depth investigation of the Bush Administration by a non-partisan group, similar to the Church Commitee, for which he served as Chief Counsel.
Authored by: Frederick A.O. Schwarz
– 07/25/08
State Secrets Protection Act. S.2248
This memo addresses the constitutional power of Congress to enact the State Secrets Protection Act, S.2248, establishing rules regulating the invocation of the state secrets privilege.
– 04/03/08
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.
– 10/11/07
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.
– 08/30/07
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
Written Congressional Testimony of Fritz Schwarz
Brennan Center’s Senior Counsel Fritz Schwarz’s written testimony before the House of Representative’s Judiciary Subcommittee on Commercial and Administrative Law in a hearing on “Ensuring Executive Branch Accountability”
– 03/29/07