As we approach the tenth anniversary of 9/11, we discuss the President's detention policy, the Warsame case, and whether we can hold the government accountable for deprivations of liberty. This is the second installment in a three-part series.
Congress once again extended expiring provisions of the Patriot Act with very little debate. The American people deserve to hear a real debate about what government surveillance programs are really doing in their name. Only then can we make an informed, responsible decision about whether the claimed security benefits of those programs justify their costs.
The government must actually obtain a conviction before imposing a punishment or seeking automatic deportation premised on that conviction. It is a shocking feature of U.S. immigration law that such an obvious-seeming point needed any clarification. . . .
Dawn Johnsen, eminently qualified to head the Justice Department's Office of Legal Counsel, withdrew her bid for the post after the Senate dallied in voting on her nomination for over a year. She should have been confirmed.
For decades, the government has used the "state secrets privilege" to block the use of evidence in litigation where revealing the evidence could harm national security. Under former President George W. Bush, the privilege was transformed into a weapon to shut down lawsuits challenging illegal or embarrassing government activity. President Barack Obama promised major changes.