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 have 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. 


Call for a Non-Partisan Investigation

Click here to learn more about Brennan Center efforts to have an independent commission of inquiry established to examine recent counter-terrorism policies that may have violated the rule of law.

Kiyemba v. Obama

The Center and three other organizations submitted an amicus brief on October 31, 2008, urging the D.C. Circuit Court of Appeals to affirm the D.C. District Court’s decision to release 17 Uighurs currently detained unlawfully at Guantánamo Bay into the U.S.

Arar v. Ashcroft

The Brennan Center filed an amicus brief in the Second Circuit Court of Appeals on behalf of a group of distinguished federal judges in support of Maher Arar, a Canadian who was subject to extraordinary rendition to Syria.

In Re NSA Telecommunications Records Litiagation

The Center submitted an amicus on October 24, 2008, in support of the plaintiffs’ opposition to the government’s motion to dismiss..

More Court Cases

Lorraine Leete and Liza Goitein

Uighur Release is Welcome, but Leaves Fate of Remaining Detainees Uncertain

Now that Bermuda and Palau have offered to resettle the Guantánamo Uighurs, what will happen to the rest of the detainees? 

Liza Goitein

Grading the Obama Administration

Government transparency is vital to a free and well-functioning democracy, and it is particularly so in the area of national security....

Ari Melber

Obama’s State Secrets Claims Face Mounting Opposition from Courts, Advocates

President Barack Obama has drawn praise, but his use of the “state secrets” privilege to squash lawsuits on torture and surveillance is drawing mounting opposition....

More Blog Entries

Illustrations by Risko

Bermuda Accepts Detainees as U.S. Starts Dismantling Guantanamo

The Brennan Center welcomes the Burmudan government’s decision to resettle four Guantánamo Uighurs.

Executive Privilege System Broken, Report Finds

Center proposes new legislation to resolve executive privilege disputes.

On Transparency, Obama Succeeds and Disappoints in First 100 Days

Detailed 30-Page Report Card reveals Obama’s need to improve accountability in cases of government misconduct.

More Press Releases

Investigating Violations of the Rule of Law in Counter-Terrorism Policy

Proposal for an independent commission to investigate any violations.

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 deficiences 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.

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”

More Legislation & Testimony

So Many Secrets

Essay in the New Republic explores if Pres. Obama will change his heart on a key rule-of-law issue.

Transparency in the First 100 Days: A Report Card

Detailed 30-Page report card reveals Obama’s need to improve accountability in cases of government misconduct. 

Transparency in the First 100 Days | Secret Law

Detailed 30-Page report card reveals Obama’s need to improve accountability in cases of government misconduct. This page offers detailed analysis and recommendations.

More Analysis & Commentary