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.

Amnesty Int’l v. Blair (Amicus Brief)

In December of 2008 and 2009, the Brennan Center for Justice filed supplemental amici in Amnesty v. Blair. The first brief urged the court to overturn the FISA Amendments Act (FAA)—a law that enables the government to monitor Americans’ international emails and phone calls; the second, not to dismiss the suit. 

Kiyemba v. Obama (Amicus Brief)

The Brennan Center for Justice, along with a group of other organizations, has submitted three amici briefs in support of the D.C. District Court’s ruling that the government must release into the United States a group of Uighurs detained at Guantánamo Bay.

Holder v. Humanitarian Law Project and Humanitarian Law Project v. Holder (Amicus Brief)

In these consolidated cases, which address the scope of the so-called “material support” statute, the Brennan Center submitted an amicus brief to the Supreme Court on behalf of academic researchers and a professional media association.

More Court Cases

Emily Berman

No more Witch Hunts for DOJ’s “Al Qaeda Lawyers”

Lawmakers have opened another front in their war on Obama’s war on terrorism—this time implying that political appointees in the Justice Department have their loyalties in the wrong place. Didn’t we abandon years ago the inane notion that there is something seditious about attorneys who advocate on behalf of terror detainees?

Can Research and Reporting be Considered Criminal?

On Feb. 23, the Supreme Court heard arguments in Holder vs. Humanitarian Law Project, a first Amendment challenge to a Patriot Act section that bars support—including speech— that might be interpreted as unintentionally aiding organizations the U.S. deems terrorist.

Emily Berman

Democrats Failing to End Bush-Era Abuses of Power

The revised, revisited, and renewed Patriot Act extension does little to reverse the directions and directives laid by the Bush Administration….

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

Frederick Schwarz’ Testimony before the House Subcommittee on Intelligence Community Management

On principles that should govern “The Laws on Congressional Notification of Intelligence Activities,” and the harms caused by insufficient Congressional oversight.

Concerns with the New York Police Department’s Report: “Radicalization in the West”

The Brennan Center is concerned with the New York Police Department’s August 2007 report that draws conclusions unwarranted by its insufficient data set and flawed methodology. 

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 deficiencies 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.

More Legislation & Testimony

Emily Berman on the Hashmi case and SAMS, on WNYC Public Radio

The U.S. Government has held student Syed Hashmi for nearly 4 years without trial in New York City. Ms. Berman talks about the case on the Leonard Lopate Show on WNYC.

Who Can Be Detained in ‘The War on Terror?’

Patel explores cases associated with Guantanamo in the transition from the Bush to Obama administrations. Originally published in ASID Insights.

Abuse Revelations Demand an Inquiry

A piece in the Boston Globe examines the Obama administration’s stance towards executive privilege, and the lingering presence of the previous administration.

More Analysis & Commentary