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Amicus Brief in Padilla v. Rumsfeld (Second Circuit)
In Padilla, the government asserted the authority to indefinitely detain a suspected terrorist seized within the United States. Amici The Constitution Project and several other NGOs argue that no statute authorizes such indefinite detention and that the President' s military authority does not allow him to hold an individual who was not a self-acknowledged or undisputed member of the armed forces of a hostile state.
Amicus Brief in Padilla v. Rumsfeld (Second Circuit)
In Padilla, the government asserted the authority to indefinitely detain a suspected terrorist seized within the United States. Amici The Constitution Project and several other NGOs argue that no statute authorizes such indefinite detention and that the President' s military authority does not allow him to hold an individual who was not a self-acknowledged or undisputed member of the armed forces of a hostile state.
Report of the Liberty and Security Initiative on First Amendment Issues
Liberty and Security Committee report examines First Amendment issues raised by immediate response to 9/11 including refusal to disclose names of individuals arrested in investigations, weakening FOIA, and FBI surveillance of religious and political gatherings. Committee recommends reforms to safeguard First Amendment rights.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Merits Stage)
Federal and State Government Officials arguing that the petitioner's death sentence be set aside because the prosecution’s use of perjured testimony in this case was prejudicial and thus denied petitioner due process and defense counsel’s ineffective performance during the penalty phase also was prejudicial, thereby depriving petitioner of his Sixth Amendment right to effective assistance.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Merits Stage)
Federal and State Government Officials arguing that the petitioner's death sentence be set aside because the prosecution’s use of perjured testimony in this case was prejudicial and thus denied petitioner due process and defense counsel’s ineffective performance during the penalty phase also was prejudicial, thereby depriving petitioner of his Sixth Amendment right to effective assistance.
State Wiretaps and Electronic Surveillance After September 11
Research article describing constitutional framework and current state laws on wiretapping done for TCP's Liberty and Security Committee.
Appendix A: State Wiretap Laws
Appendix A to article on state wiretap laws outlining each state's actual current laws.
Appendix B: State Wiretap Legislation
Appendix B to article on state wiretap laws outlining pending wiretap legislation in various states.
Amicus Brief in Wiggins v. Smith (U.S. Supreme Court, Cert. Stage)
Arguing that the Court of Appeals of Maryland unreasonably applied Supreme Court precedent from Strickland v. Washington to the facts in this case, counsel's performance was deficient under Strickland by failing to conduct a sufficient investigation into potential mitigating evidence, and Wiggins case was prejudiced by the failure to investigate and introduce the mitigating evidence.
Amicus Brief in Wiggins v. Smith (U.S. Supreme Court, Cert. Stage)
Arguing that the Court of Appeals of Maryland unreasonably applied Supreme Court precedent from Strickland v. Washington to the facts in this case, counsel's performance was deficient under Strickland by failing to conduct a sufficient investigation into potential mitigating evidence, and Wiggins case was prejudiced by the failure to investigate and introduce the mitigating evidence.
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