| The New York City Bar has been actively
addressing issues relating to national security and
the rule of law in the years following the September
11th attacks. The Association’s involvement
includes a number of major reports, memoranda and
letters on pending legislation and the filing of
amicus briefs in several significant court cases.
Below is a selective list of some of our more recent
materials:
Attorney-client Relations for Guantanamo Detainees
Letter to United States Attorney General Roberto
Gonzales urging the withdrawal of the proposed
order restricting attorney–client relations at
the Detention Camp at Guantanamo Bay. (April
2007)
http://www.nycbar.org/pdf/report/guantanamo04_27_071.pdf
Amicus Brief: Bismullah v.
Gates filed in the
U.S. Court of Appeal for the District of Columbia
Circuit, May 2007. The brief addresses a Proposed
Order submitted by the Justice Department that
would limit the access of attorneys to clients
who are detainees at Guantanamo.
http://www.nycbar.org/pdf/report/Brie_Amici_Curiae.pdf
Civil Liberties
Amicus Brief: Hamdan v. Rumsfeld filed in the
United States Supreme Court, January 2006. The
brief argues that detainees are covered by Common
Article 3 of the Geneva Conventions, that the Military
Commission Act process does not provide the basic
due process that Article 3 requires, and that the
Treaties are enforceable by individuals.
http://www.nycbar.org/pdf/report/Hamdan_2.pdf
Warrantless Surveillance
Letter to Congress expressing opposition to the FISA Amendments Act
of 2007 which is intended to replace the Protect America Act passed by Congress
in August, but contains many of the same fundamental flaws. (November 2007)
http://www.nycbar.org/pdf/report/FISA%20Letter%20w%20attachment%20Nov%206.pdf
Amicus Brief: Hepting v.
AT & T Corp. filed
in the U.S. Court of Appeal for the Ninth Circuit,
April 2007.
http://www.nycbar.org/pdf/report/Hepting_Amicus_Brief.pdf
Amicus Brief: ACLU v. National
Security Agency,
filed in the U.S. Court of Appeals for the Sixth
Circuit, November 2006.
http://www.nycbar.org/pdf/report/ACLU_NSA_BRIEF_FILED.pdf
These briefs argue that NSA’s program of
warrantless wiretapping threatens to undermine
a fundamental principle of justice by depriving
persons accused by the government of wrongdoing
of access to confidential legal advice,thus undermining
the lawyer–client privilege.
Letter to Congress discussing the Foreign Intelligence Surveillance Modernization Act of 2007 (H.R. 3782) and the RESTORE Act (H.R. 3773), both of which are intended to replace the Protect America Act and provide protections against warrantless electronic surveillance of Americans. The letter expresses a preference for the Modernization Act. (October 2007)
http://www.nycbar.org/pdf/report/FISA_Oct16.pdf
Government’s Refusal to Disclose
Photographs of Abuse of Detainees
Amicus Brief: ACLU v. Department
of Defense, filed
in the U.S. Court of Appeals for the Second Circuit),
September 2006. The brief argues that the government’s
invocation of Exemption 7(F) of the Freedom of
Information Act (FOIA) as the basis for refusing
to disclose images depicting mistreatment of people
detained by the US government in Iraq and Afghanistan
(the “Detainee Abuse Images”) is not
supportable.
http://www.nycbar.org/pdf/report/06_3140_cvACLU_v_DOD.pdf
Urging Repeal of Habeas Provisions of Military
Commissions Act
The report urges Congress to repeal of Section
7 of the Military Commissions Act of 2006 (“MCA”)
as it strips federal courts of their statutory
jurisdiction to entertain habeas corpus petitions
from non–U.S. citizens detained by the United States
as “enemy combatants”. (March 2007)
http://www.nycbar.org/pdf/report/Restoration_Habeas_Corpus.pdf
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