Last month, a series of investigative reports in the Washington Post revealed that a U.S. Department of Justice (DOJ) task force had spent nine years reviewing cases in which it was alleged that some forensic evidence prosecutors used in obtaining convictions was flawed. Despite warnings that problems were potentially widespread,...
(5) Comments | Posted April 11, 2012 | 11:41 AM
When federal prosecutors charged the late Senator Ted Stevens (R-AK) with failing to report more than $250,000 in illegal gifts and home renovations, they knew the stakes were sky high. Stevens, after all, was only the 11th senator in history to be indicted while in office. In 2008, the prosecutions...
(87) Comments | Posted December 13, 2011 | 3:04 PM
Policymaking in the fog of war can lead to regrettable choices. One need only consider the internment of Japanese-Americans during World War II or passage of the Alien and Sedition Acts of 1798. Ten years ago, in the anxious days after the attacks of 9/11, we witnessed a rush to...
(4) Comments | Posted June 14, 2011 | 4:24 PM
Tuesday, Senator Patrick Leahy (D-VT) introduced the Consular Notification Compliance Act, a long-awaited bill aimed at protecting the consular access rights of foreign nationals in U.S. custody who are charged or convicted of capital crimes. The act provides for judicial review of alleged violations of Article 36 of...
(0) Comments | Posted June 11, 2010 | 1:15 PM
Two years ago, the U. S. Supreme Court handed down its decision in the landmark case Boumediene v. Bush. The Court ruled that the constitutionally guaranteed right of habeas corpus review applies to the Guantánamo detainees, enabling them to challenge their detention in federal court. Through the ruling,...
(0) Comments | Posted February 24, 2010 | 4:45 PM
For far too long, the national discussion around how and where to try Khalid Sheikh Mohammed and the other suspected 9/11 conspirators has been wrongly framed as a partisan dispute. It is simply wrong to believe that national security issues pit Democrats against Republicans, conservatives against progressives, or even, as...
(1) Comments | Posted December 2, 2009 | 5:09 PM
Earlier today, the Constitution Project and Human Rights Watch co-hosted a panel discussion on immigration detention and access to counsel at the National Press Club. Two new reports, Recommendations for Reforming our Immigration Detention System and Promoting Access to Counsel in Immigration Proceedings by the Constitution...
(0) Comments | Posted November 30, 2009 | 1:50 PM
Earlier today, in an effort coordinated by the Constitution Project, three signatories to Beyond Guantanamo: A Bipartisan Declaration sent an open letter to the Illinois congressional delegation and the state's public officials supporting the use of federal and state prisons, including the Thomson, Illinois facility, to house...
(0) Comments | Posted November 4, 2009 | 3:25 PM
Today, over 125 prominent Americans, including former members of Congress, diplomats, federal judges and prosecutors, high-level military and government officials, and bar leaders, endorsed Beyond Guantanamo: A Bipartisan Declaration. Coordinated by the Constitution Project and Human Rights First, the Declaration represents the largest collection of policy...
(2) Comments | Posted October 28, 2009 | 8:05 PM
Earlier today, the Constitution Project and the University of Maryland Center for Health and Homeland Security brought together a group of expert panelists at the National Press Club to discuss the civil liberties implications of the government's response to the H1N1 flu, more commonly known as swine flu.
...(1) Comments | Posted October 15, 2009 | 1:41 PM
The Privacy and Civil Liberties Oversight Board was created by Congress in 2004 in response to the recommendations contained in the 9/11 Commission report. The Board's mission is to review the privacy and civil liberties issues raised by the government's national security policies and programs. Originally housed...
(0) Comments | Posted July 17, 2009 | 5:16 PM
"Throughout its history, Congress has engaged in oversight of the Executive Branch--the review, monitoring, and supervision of the implementation of public policy. Congress' right of access to executive branch information is constitutionally based and is critical to the integrity and effectiveness of our scheme of separated but balanced powers."
So...
(3) Comments | Posted July 2, 2009 | 2:18 PM
Of the many Guantanamo tragedies, perhaps none has been greater than our handling of the Uighurs, a group of Chinese Muslim detainees. Picked up, detained, and wrongly classified as dangerous terrorists, 17 Uighurs spent more than seven years wrongfully imprisoned. Four were finally released last month, but 13 remain locked...
(0) Comments | Posted February 27, 2009 | 2:30 PM
Within his first few days of office, President Obama issued a series of executive orders that began the vital and complex process of restoring the rule of law. These early moves broke from Bush administration policies and created great expectations for future changes. However, a few pen strokes cannot undo...
(0) Comments | Posted February 12, 2009 | 1:02 PM
Last Monday, it seemed like deja-vu when the Holder Justice Department argued that a federal court had no right to hear a lawsuit about torture. The administration asserted that the suit is blocked by the state secrets privilege, a legal doctrine whose purpose is to prevent public disclosure of...
(0) Comments | Posted February 5, 2009 | 1:15 PM
Jon Gould co-authored this article
Although the economic downturn is severely stretching businesses, state coffers, and family budgets, we must not allow it to endanger the nation's criminal justice system and to increase the risk of wrongful convictions. Only by investing in reasonable criminal justice reforms now can we...
(1) Comments | Posted December 15, 2008 | 8:22 AM
Most proponents of creating national security courts to handle terrorism prosecutions frame their proposals as politically moderate solutions that close the gap between our traditional criminal justice system and the military justice system. We need a third way, they argue, because neither system can handle the challenges posed by our...

(4) Comments | Posted May 18, 2012 | 12:53 PM