• The partisan posturing began within hours of reports the British had arrested 20-odd suspects in connection with an alleged terrorist conspiracy to blow up passenger airplanes. Arrests were made in the U.K, not the U.S. The plot was hatched in the U.K. and Pakistan.

    August 17, 2006
  • Eighteen years ago , Justice Antonin Scalia assumed the prophet's cloak and forecast threats to the Constitution's core balance of powers. A threat, Justice Scalia explained, sometimes comes "in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf." Today, another wolf scratches at the door: And it is a beast that has already inflicted heavy damage on the Constitution.

    July 24, 2006
  • The plot thickened in the domestic spying controversy with the recent disclosure that the National...

    May 23, 2006
  • There is no "drift-net." There is only a "very specific and very targeted" collection of data. So said General Michael V. Hayden, former chief of the National Security Agency on Feb. 5 this year about the NSA's domestic activities. Without doubt, senators of both stripes stand ready to grill Gen. Hayden about these statements in light of USA Today's startling revelation that the NSA has been assembling a mammoth database detailing the source, destination and timing information on almost every telephone call made in the United States.

    May 16, 2006
  • In an Alexandria, Virginia, courtroom, Zacarias Moussaoui and the federal government are acting out for the nation and the world a small drama about revenge. It is hardly clear who will savor revenge more: the defendant who seems likely to be strapped to the executioner’s gurney soon, or the state that injects the lethal combination of fluids.

    April 20, 2006
  • Almost four months after The New York Times reported that the National Security Agency is spying on Americans in the United States without obtaining judicial warrants, we still are in the dark about what exactly the president ordered the NSA to do.

    April 4, 2006
  • President Bush famously said that his administration took the battle overseas so that we would not need to fight the war at home. Revelations about the NSA’s warrantless domestic spying suggest that this formulation has the administration’s logic backward: The authority to conduct war elsewhere has been treated as permission to bring the tools of war back home.

    March 2, 2006
  • Attorney General Alberto Gonzales testifies today to the Senate Judiciary Committee on the National Security Agency’s warrantless spying on Americans at home. The American public has heard a great deal from the Bush administration about its power and the looming terrorist threat. Today, Gonzales is likely to hum more bars of the same tune.

    February 6, 2006
  • Racial Profiling Post 9/11 - Still a Bad Idea
    By Prof. Angela J. Davis
    American University Washington College of Law

    Since September 11th, some Americans defend the racial profiling of Arab-Americans and describe this practice as a small price to pay and a mere inconvenience to assure safety and security. I disagree. Racial profiling is never justifiable because it is far more harmful than many people realize, and it is basically ineffective as a law enforcement tool.

    November 5, 2002