Checks & Balances
In recent years, the Bush administration has sought almost unlimited power for the office of the presidency. The administration has declared that, in the role of Commander in Chief, the president is empowered to act preemptively in practically any manner he and his advisors deem necessary. The administration thus abandoned the standard processes of our checks and balances system.
The
Hepting Amicus Brief (Ninth Circuit Court of Appeals)
The Brennan Center filed in the Ninth Circuit Court an amicus brief for a group of civil rights organizations working on behalf of ethnic minorities in a case dealing with the legality of domestic surveillance programs.
The issues were preliminary and the result of any ruling likely to be. But despite its preliminary nature, a simple Monday morning hearing in the D.C. District Court had the feeling of something much more....
Kennedy: “Liberty and Security Can Be Reconciled”
Today, the Supreme Court’s decision in Boumediene v. Bush was a clear rebuke of the Administration’s attempt to deny Guantanamo detainees’ basic rights....
(Updated) Analysis of the Court decisions continues to roll in. Listen to Slate’s Bazelon on the Brian Lehrer show, Nina Totenberg on NPR, read the Times reaction…
Illustrations by Risko
BC Responds: Boumediene & Omar and Munaf Decisions
Today, in two cases, the Supreme Court affirmed the paramount importance of habeas corpus as a cornerstone of the rule of law.
Groups Across the Spectrum Join Forces in Defense of Separation of Powers
Attorneys at the Brennan Center filed a brief asking the District Court of Washington DC to allow Congress to proceed with its efforts to enforce the subpoenas issued against White House staffers Joshua Bolten and Harriet Miers.
U.S. Government Admits It Destroyed Videotape in Enemy Combatant Case
Yesterday the U.S. government admitted, for the first time, that officials destroyed videotapes that documented interrogations of Ali Almarri, the only alleged “enemy combatant” still detained on U. S. soil.
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.
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”
Memo Regarding Varieties of Executive Privilege
Aziz Huq discusses the different types of executive privilege in use today. Specifically, “presidential communications privilege,” the “deliberative process privilege,” attorney-client privilege, and claims of secrecy on grounds of national security are considered.
Justice Scalia’s Dueling Opinions
Scalia’s opinion in the ruling overturning D.C.’s gun ban shows the flaws of his trademark judicial thinking. Especially since he marshaled nearly the reverse logic in his dissent to the Guantanamo detainee case.
Emily Berman on the Firing of US Attorneys
Emily Berman on KUOW’s “The Conversation” discussing the firing of nine US attorneys and executive privilege.
Surveillance Bill: The Worst of All Worlds
Analysis of the just-passed “FISA Amendments Act of 2008” on The Nation’s web site.