Liberty & National Security

In the wake of the September 11th attack, the American government moved aggressively to protect the United States from future acts of terror. But the government has too often claimed to promote national security to the point that these measures encroached on civil liberties of U.S. citizens and non-U.S. citizens alike.  However, an effective national security policy that truly counters terrorism does not need to limit the rights recognized by the Constitution and the Bill of Rights. 

Through the Liberty and National Security Project, we fight to preserve our constitutional values against erosion in the post-9/11 world and to set meaningful limits on the exercise of executive power. We develop innovative policy recommendations, and then use litigation and public advocacy to ensure that our nation’s commitment to our national security does not trump the nation’s commitment to fairness, accountability, and due process. These ideals remain fundamental to and compatible with effective security measures. 

Rev. Boyle v. Werner, et al.

Rev. Boyle believes he was unfairly targeted by the U.S. for his religious convictions and stance against the war. Both are violations of his First Amendment rights and the Religious Freedom Restoration Act.

Geren v. Omar and Munaf v. Geren

The Brennan Center represents two United States citizens, Shawqi Omar and Mohammad Munaf, who have been detained by the United States in Iraq for more than two years, and whose cases will be heard in the Supreme Court in March 2008.

Al-Marri v. Pucciarelli

The Brennan Center is defending a Qatari national who is the only person detained as an “enemy combatant” in the United States.  Ali Saleh Kahlah al-Marri was imprisoned without trial and without due process.  The case was recently heard en banc in the Fourth District Court on October 31, 2007, and we are awaiting the decision.

More Court Cases

Mike Webb

Checks & Balances Pop Quiz

Welcome to the first-ever Brennan Center pop quiz.  Since each week brings more depressing news of torture, executive privilege, government spying, etc., we thought we’d share this test....

Andrew Stengel

Debates & Dodgers Fan Syndrome

Every presidential debate this season—there have been more than 40 and counting—I hope the subject matter will focus on some of the more important issues....

Jonathan Hafetz

Convictions: More Hypocrisy at Guantanamo

Even as criticism mounts, Guantánamo’s underlying hypocrisy endures. That hypocrisy manifested itself again last week in a little-noticed decision…

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

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.

More Legislation & Testimony

Fitna’s Hateful Crusade

Feared, condemned sight-unseen and praised as a celebration of free speech, Fitna, a seventeen-minute film by Dutch politician Geert Wilders, appeared on the Internet in late March. Fitna is a bombastic, bloody montage linking terrorist violence to Koranic texts.

Torture and Democracy: A Discussion with Professor Darius Rejali

Listen to Professor Darius Rejali talk about the issues at the center of his book, Torture and Democracy. 

Future of Guantanamo

Listen to a panel discussion featuring Andy Worthington, Joanne Mariner, Wells Dixon, and Jonathan Hafetz on the timely and important issues revolving around the future of Guantánamo.

More Analysis & Commentary