NACDL recognizes that under the banner of the “war on terrorism,” America’s fundamental constitutional protections have been under unprecedented attack.  Since the tragedy of 9/11, the government has engaged in unparalleled assaults on a range of constitutional rights, including the right to due process and the right to privacy.

NACDL seeks to resist this trend on both on a systemic and case-by-case basis to expose and combat the ongoing incursions into our civil rights in the name of national security.

The Latest Manifestation of NACDL’s Commitment to Reform and a Look Back at the 41 Reports That Preceded It and a Preview of the Next 3

Congress ostensibly created the “S” Visa program to promote national security by incentivizing foreign nationals to provide information to deter terrorist attacks. Does the program work as intended?

Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.

Coalition letter to leaders of the House Financial Services Subcommittees on Terrorism and Illicit Finance and Financial Institutions and Consumer Credit regarding proposals to expand and add penalties for information sharing and paperwork violations by banking and financial services institutions, as outlined in the discussion draft of Counter Terrorism and Illicit Finance Act (to become H.R. 6068, 2018).

Section 3A1.4 of the Sentencing Guidelines – the so-called “terrorism enhancement” – is an obstacle for defense practitioners. If applicable, the enhancement can drive a defendant’s sentence upward by a large amount. Unfortunately, the terrorism enhancement treats all offenders the same without considering their actual conduct or individual backgrounds. This article discusses two cases and the role the facts played in the applicability of the terrorism enhancement.

A March 9, 2021, Panel Discussion featuring Mohamedou Ould Slahi and his counsel, Nancy Hollander & Theresa Duncan, moderated by NACDL Fourth Amendment Center Director and Guantánamo Observer Jumana Musa. Introductory remarks by NACDL President Christopher W. Adams.

Kyle O'Dowd, Shana-Tara Regon and Michael Price, Notes from the Defense Bar: Fighting for Reform on Three Fronts During the Obama Administration, Federal Sentencing Reporter (December 2010).

(Pre-Search Instructions and Post-Search Reasonableness)

A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison [Released July 2014]

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 2016]

Coalition letter to the House Judiciary Committee regarding the need for reforms to the drafted USA FREEDOM Reauthorization Act of 2020 relating to mass and unwarranted surveillance.

Obama’s First Capital Case at Guantánamo

The Alleged U.S.S. Cole Bomber (Military Commissions Update)

The old phrases “you would have to see it to believe it,” and “you cannot make this stuff up” come to mind when thinking about the latest sessions of the Guantánamo military commissions. During the weeks of October 15 and October 22, hearings were held in the cases against the alleged 9/11 co-conspirators and the alleged USS Cole bomber before Judge Pohl in Guantánamo Bay, Cuba. The military court is closed until 2013. And, thank goodness, because after the October hearings observers’ heads are likely still spinning from the latest happenings.

What is the proper role of the attorney general?

"Effective counterterrorism is rooted in respect for human rights." -Human Rights First

Find case-based tools for National Security here.