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

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.

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.

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.

President Lisa Wayne's letter to a member of the U.S. House regarding proposals in the National Defense Authorization Act (NDAA) for fiscal year 2012 that would affect people charged and detained for terrorism crimes.

US District Court Southern District of Florida: United States of America vs. Raees Alam Qazi & Sheheryar Alam Qazi

DEFENDANTS’ RESPONSE TO UNITED STATES’
MEMORANDUM ON THE CONSTITUTIONALITY
OF THE FISA AMENDMENTS ACT OF 2008

In The US Disctrict Courts For the Northern District of Illinois Eastern Division: United States of America v. Daoud 

DEFENDANT’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR NOTICE OF FISA AMENDMENTS ACT EVIDENCE PURSUANT TO 50 U.S.C. §§ 1881e(a), 1806(c)

MOTION FOR ADDITIONAL DISCOVERY REGARDING THE GOVERNMENT’S SURVEILLANCE AND INVESTIGATION OF DEFENDANT

In the US District Court For The Eastern District of Virginia, Alexandria Division: United States of America v. Chapman

Motion For Appropriate Relief 
Informal Brief of Habeas Corpus

In The US District Court For The Eastern District of Virginia, Alexandria Division: United States v. Abu Ali

Notification and Agreement of Special Inmate Confinement Conditions 
Memorandum Order Granting Def. Access to Medical Evaluation
Motion For Discovery in Aid of Defendant's ​Bond Hearing

In The Circuit Court of Cook County, Illinois County Department, Criminal Division: People of the State of Illinois v. Church, Chase & Betterly

Memorandum of Law in Support of Joint Motion to Dismiss The Consitutionally Vague Terrorism Charges in The Indictment

Argument: DEFENDANTS’ JOINT MOTION TO DISMISS COUNTS ONE, TWO, THREE, AND SIX OF THE ABOVE ENTITLED INDICTMENT WHICH ARE BASED UPON THE UNCONSTITUTIONALLY VAGUE STATUTORY DEFINITION OF “TERRORISM” AND “TERRORIST ACT” 

Coalition letter to Senate Judiciary Committee leadership regarding applying the State Secrets Protection Act (S. 417, 2009) to maintain national security while ensuring proper due process.