Domestic Counterterrorism

Abuse of surveillance and policing powers has been a recurrent feature of the post-9/11 world. The National Security Agency’s (NSA) warrantless wiretapping program, for example, secretly authorized by President Bush in 2002, enables the government to eavesdrop on conversations and emails between the U.S. and overseas. Furthermore, policing powers have been aggressively used in discriminatory and burdensome ways.

The Brennan Center believes that transparency and the exchange of ideas are crucial to sound counterterrorism policy and that they should replace the secrecy with which the current administration counters terrorism. In 2006, we filed two amicus briefs in federal district courts in support of lawsuits to enjoin warrantless wiretapping. In October 2007, we opposed immunity to telecoms that collaborated with the NSA wiretapping program, and shared this opinion with the House Intelligence Committee. Locally, the Project is working with Muslim and Arab community organizations in New York to respond to the negligent and erroneous statements made in the Police Department’s August 2007 report about homegrown radicalization, which advocates racial and religious profiling to hinder the development of domestically-bred terrorists. 

    Mohamed v. Jeppesen Dataplan, Inc. (Ninth Circuit Court of Appeals)

    On July 10, 2008, the Brennan Center filed an amicus curiae (or friend of the court brief) in the U.S. Court of Appeals for the Ninth Circuit on behalf of a group of former United States ambassadors and diplomats in the case of Mohamed v. Jeppesen Dataplan, Inc.

    Barry Siegel

    Jeppesen, Song Remains the Same, Maybe

    Barry Siegel, Pulitzer-Prize winning former national correspondent for the Los Angeles Times and author of Claim of Privilege, weighs in on the the case.

    Emily Berman

    On the Bolten-Miers Hearing

    The issues were preliminary and the result of any ruling likely to be. But despite its preliminary nature....

    Emily Berman

    Fine’s Tome Incomplete Without Ashcroft

    A Justice Dept.’s report reveals that working in this Administration really does mean never having to say you’re sorry—or, indeed, anything else....

    More Blog Entries

    Illustrations by Risko

    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.

    Discredited Yoo Memos Led to “Enemy Combatant” Detainment and Denial of Habeas Corpus

    Today, the Brennan Center for Justice asked a federal court to end the detention of a U.S. resident who is being held on the advice of long-discredited Office of Legal Counsel (OLC) memos which sought to justify torture and indefinite detention. 

    Government Fails to Muzzle “Peace Pastor” Frederick Boyle

    Rev. Boyle, the ordained minister known as the Peace Pastor, reached an agreement with the federal government today that ends his unfair prosecution and maintains his right to speak out against the Iraq War.

    More Press Releases

    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.

    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.

    Surveillance Bill: The Worst of All Worlds

    Analysis of the just-passed “FISA Amendments Act of 2008” on The Nation’s web site.

    Aziz Huq on Boumediene v. Bush and Guantanamo’s Future

    Brennan Center’s Aziz Huq appeared on Lawyer 2 Lawyer to discuss the recent SCOTUS decision in Boumediene v. Bush. Radio show posted to the Legal Talk Network on June 19.

    More Analysis & Commentary