National security and civil liberties

  • July 9, 2014

    by Paul Guequierre

    Must it be that we have to make a choice between national security and constitutional principles? It’s a question that has been asked by people from across the political spectrum for generations. But after 9/11 senators and representatives from both political parties strongly backed the sweeping PATRIOT Act, which would help exponentially grow the federal government’s spying apparatus. Far removed from 9/11 and with much more information about the federal government’s eavesdropping operations, more people and groups are questioning the government's motives and mechanisms for spying on Americans.

    In the past 18 months, the extent of how far the government is going in monitoring both Americans and foreigners has taken center stage. When former National Security Agency contractor Edward Snowden disclosed secret documents detailing just how deep our government’s spying went, heated debates erupted over whether the government was justified in backing intrusive and massive spying programs. People of all political stripes continue to weigh in, some calling Snowden a hero, others a traitor. But regardless of how you feel about Snowden, you can’t help but be amazed, and perhaps troubled, by what he has exposed.

    Snowden’s latest disclosures show other countries are working with the NSA in spying on their own citizens. And just yesterday, we got a look at which Muslim-American leaders the FBI and NSA have been spying on.    

    According to Ryan Gallagher at The Intercept, huge volumes of private e-mails, phone calls and internet chats are being intercepted by the NSA with secret cooperation of more foreign governments than previously known. Gallagher says, the classified files leaked by Snowden, shed light on how the NSA’s surveillance of global communications has expanded under a clandestine program, known as RAMPART-A, which depends on the participation of a growing network of intelligence agencies. The latest Snowden documents show that a number of countries, described by the NSA as “third-party partners,” are playing an increasingly important role – by secretly allowing the NSA to install surveillance equipment on their fiber-optic cables.

  • June 3, 2014

     
    The Supreme Court ruled that a Pennsylvania woman who attempted to poison her husband’s mistress cannot be prosecuted under federal law. The justices ruled that the federal ban on chemical weapons does not apply to Carol Anne Bond, whose attempt to poison her victim resulted only in “a minor thumb burn readily treated by rinsing with water.” Lyle Denniston as SCOTUSblog breaks down Bond v. United States.
     
    New voting laws across the country will pose an arduous task for minority voters in the midterm elections. In states like North Carolina and Texas, these restrictions will “disproportionately affect registration and voting by African-Americans as compared with whites.” Fanita Tolson discusses the issue in the Tallahassee Democrat.
     
    Trip Gabriel at The New York Times addresses why democrats in Kentucky are disillusioned by the Obama administrations’ ambitious proposal for regulating power plant emissions.
     
    At Just Security, Marty Lederman examines the Obama administration’s reasons for not waiting “30 days to complete the Bergdahl exchange.” 
     
    At Concurring Opinions, Ronald K.L. Collins provides a “snapshot of the Roberts Court’s record on free expression issues.” 
  • May 16, 2014
     
    An unclassified report released Wednesday by the departments of Justice and Defense assured  members of Congress that “if Guantánamo Bay detainees were relocated to a prison inside the United States, it is unlikely that a court would order their release onto domestic soil.” Charlie Savage at The New York Times discusses how the report “addresses concerns over President Obama’s plan to close the controversial prison.
     
    Yesterday, U.S. District Court Judge James E. Boasberg upheld Washington, D.C.’s strong post-Heller gun regulations, finding that they “pass constitutional scrutiny.” Ann E. Marimow at The Washington Post has the story.
     
    At The Week, Matt Bruenig argues in favor of term-limiting Supreme Court justices. In his article, Bruenig supports a proposal that would enable Supreme Court judges to serve single, staggered 18-year terms.
     
    Earlier this week, the U.S. Court of Appeals for the Seventh Circuit struck down several sections of Wisconsin’s campaign finance law. At Concurring Opinions, Ronald K.L. Collins breaks down Wisconsin Right to Life v. Barland
  • April 29, 2014

    Earlier this morning, the Supreme Court heard oral argument in two cases which raise the question of whether or not police can search confiscated cellphones of arrestees without a warrant. In both cases, the defendants argued that the information obtained from their cell phones by police was in violation of the Fourth Amendment. NPR’s Nina Totenberg discusses Riley v. California and United States v. Wurie.
     
    Yesterday, the Supreme Court denied cert in Jackson v. Louisiana, a case that examined whether or not a non-unanimous jury verdict violates the Sixth Amendment. At CAC’s Text & History Blog, Brianne Gorod explains why the high court’s failure in taking the case “is not only tragic, it’s inexplicable.”
     
    Yesterday, the U.S. Court of Appeals for the Fifth Circuit heard arguments concerning whether a state law can close the last abortion clinic in Mississippi. Writing for MSNBC, Irin Carmon asserts that “what’s at stake stretches far beyond Mississippi.”
     
    At Just Security, Marty Lederman explains why the Director of National Intelligence James Clapper’s Directive 119, which “prohibits employees of the Intelligence Community from unauthorized ‘contacts’ with the media about intelligence ‘sources’ ” isn’t a “clear-cut matter.”
     
    As the 60th Anniversary of Brown v. Board of Education fast approaches, The NAACP Legal Defense and Educational Fund commemorates the Supreme Court’s landmark decision.  
  • April 23, 2014
     
    At The Daily BeastGeoffrey R. Stone, former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, discusses his experience on the President’s Review Group on Intelligence and Communications Technologies and why “constant, rigorous, and independent review is essential if we are to strike the proper balance between liberty and security in a changing world.”
     
    The Supreme Court heard oral argument yesterday in a case involving an “Ohio law that criminalizes the spreading of false information about a political candidate during a campaign.”  The challenge comes after an anti-abortion rights group mischaracterized former Rep. Steve Driehaus’ (D-Ohio) stance on abortion during his 2010 reelection campaign. Robert Barnes at The Washington Post has the story.
     
    Yesterday, the Supreme Court upheld Michigan’s ban on Affirmative Action in Schuette v. Coalition to Defend Affirmative Action. Justice Anthony Kennedy wrote for the plurality while Justice Sonia Sotomayor wrote an impassioned dissent. Writing for SCOTUSblog, Amy Howe details the case.
     
    Peter Hardin at GavelGrab notes that if New Jersey Gov. Chris Christie chooses not to reappoint Chief Justice Stuart Rabner it could “give rise to the perception that Christie was attempting to intimidate judges working without tenure.”
     
    At The New Yorker’s Daily Comment Hendrik Hertzberg explains New York Gov. Andrew Cuomo’s decision to join the National Popular Vote (NPV) interstate compact.