The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.

NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.

Written statement of NACDL second vice president E.E. (Bo) Edwards to the Judicial Review Commission on Foreign Asset Control regarding the Foreign Narcotics Kingpin Designation Act (H.R. 3164, 1999).

Senator Ted Stevens was prosecuted and convicted for criminal ethics violations, subsequently lost his re-election campaign, and, only shortly before his tragic passing, was exonerated after a whistleblower revealed that prosecutors withheld critical evidence of the Senator’s innocence in violation of his constitutional rights.

U.S. v. W.R. Grace No. CR 05-07-M-DWM (D. Mont.) Jury Instruction Given During Trial on Witness Bob Locke's Bias

U.S. v. Shaygan No. 08-20112-CR-Gold/McAliley (S.D. Fla.), Order on Defendant’s Motion for Sanctions Under Hyde Amendment

U.S. v. Chapman 06-10316 (9th Cir.) Opinion Affirming Dismissal for Prosecutorial Misconduct

U.S. v. Slough No. 08-0360 (D.D.C.), Memorandum Opinion Granting the Defendants’ Motion to Dismiss the Indictment (Blackwater Case)

28 C.F.R. § 77, Ethical standards for attorneys for the Government. The Department of Justice is committed to ensuring that its attorneys perform their duties in accordance with the highest ethical standards. The purpose of this part is to implement 28 U.S.C. 530B and to provide guidance to attorneys concerning the requirements imposed on Department attorneys by 28 U.S.C. 530B.

28 U.S.C. § 530B, Ethical standards for attorneys for the Government (McDade Amendment). An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.

Prepared for Chairman John Conyers, Jr., by U.S. House Committee on the Judiciary Majority Staff

"Today’s hearing presents a chance to shed light on a branch of government that has managed to escape oversight and operate in the shadow of the White House for many years. ... Alliance for Justice commends the Committee for holding this important oversight hearing and urges Committee members to continue their vigorous oversight of the federal justice system, which is currently in a shocking state of disrepair."

Professor Tracey Maclin examines and challenges the collective entity rule, which is the Supreme Court’s long-standing view that an individual who works for a company is not protected by the Fifth Amendment when compelled to produce incriminating records that belong to the company. Maclin says the collective entity rule defies the text of the Fifth Amendment, the common law history of the privilege, and the Court’s Fifth Amendment precedents.

The undersigned organizations representing a diverse universe of constituents who care about civil rights and civil liberties write in support of S. 417, the State Secrets Protection Act. This bill strikes an appropriate balance between allowing plaintiffs to seek justice through our judicial system and protecting information that would endanger national security if released to the litigants or the public. We urge the bill’s immediate passage.

NACDL  advocated for legislation to bolster the due process rights of youth in Maryland.