Parallel Construction: Unconstitutional NSA Searches Deny Due Process

By: Wednesday July 23, 2014 8:04 am

The NSA sits at the nexus of violations of both the Fourth and Fifth Amendments with a legal dodge called Parallel Construction. Parallel Construction is a technique used by law enforcement to hide the fact that evidence in a criminal case originated with the NSA. In its simplest form, the NSA collects information showing say [...]

Appeals Court Rules Victims of Torture at Abu Ghraib May Sue Private Military Contractor CACI

By: Monday June 30, 2014 5:06 pm

A United States federal appeals court overturned a ruling by the US District Court in the Eastern District of Virginia and decided that victims of torture at Abu Ghraib may sue CACI Premier Technology, Inc. The district court had ruled that the US Supreme Court’s decision in Kiobel v. Shell/Royal Dutch Petroleum had closed off any potential [...]

Guantanamo Prisoners Were Granted Access to US Courts Ten Years Ago Yet Indefinite Detention Continues

By: Monday June 30, 2014 11:03 am

The CIA recommended prisoners captured in the Afghanistan War be imprisoned at Guantanamo Bay because officials were convinced prisoners would be outside the jurisdiction of US courts. The secret jail would potentially be able to hold prisoners forever. However, just over ten years ago, the United States Supreme Court ruled that prisoners at Guantanamo Bay [...]

Good News? Maybe. Supreme Court Says Cell Phone Searches Need Warrants

By: Monday June 30, 2014 8:13 am

There are signs of hope that the Supreme Court will return to its check and balance role of the Constitutional era. One such sign, directly addressing the Fourth Amendment (the Court also just issued a ruling determining the procedures for challenging one’s inclusion in the No-Fly list are unconstitutional, another hopeful sign) is a recent [...]

Does Snowden Know Why the NSA Doesn’t Need Warrants? He Might.

By: Tuesday June 24, 2014 6:53 am

A funny thing to come out of Snowden’s recent interview with NBC News was his claim that he raised concerns about the NSA’s surveillance of American citizens through channels at the NSA, well before he began disclosing classified documents to journalists like Glenn Greenwald. The NSA denied for almost a year any record of Snowden [...]

Supreme Court: First Amendment Protects Public Employees Who Give Whistleblower Testimony

By: Thursday June 19, 2014 5:26 pm

The United States Supreme Court ruled that the First Amendment protects public employees who provide testimony during corruption trials from job retaliation, such as being fired. The case, Lane v. Franks, involves Edward Lane, who according to NPR was “hired in 2006 to head a program for juvenile offenders” at Central Alabama Community College that provided “counseling and [...]

After Supreme Court Refuses to Hear Case, New York Times Reporter Could Go to Jail

By: Monday June 2, 2014 5:26 pm

The United States Supreme Court refused to hear an appeal from New York Times reporter James Risen, who has fought to protect his confidential sources as President Barack Obama’s administration insists on forcing him to testify in a leak prosecution. Former CIA officer Jeffrey Sterling is alleged to have given information to Risen on a [...]

Supreme Court to Hear Case Involving Whether Government Employees Can Go to Press & Blow the Whistle

By: Monday May 19, 2014 4:41 pm

The United States Supreme Court has agreed to hear an appeal from the administration of President Barack Obama that will address the issue of whether someone employed by the federal government has a right to go public with their whistleblower claims, such as evidence of misconduct by an agency. The case involves Robert J. MacLean, [...]

‘People Carry Their Entire Lives on Cell Phones’—Supreme Court Hears Arguments on Police Searches

By: Tuesday April 29, 2014 4:45 pm

The Supreme Court heard argument in two cases related to whether law enforcement must obtain a warrant to search a cell phone. In both cases, the justices seemed reluctant to impose a one-size-fits-all approach—either a prohibition on searches without a warrant or a categorical rule that would allow a search if it fit within a [...]

Obama Administration Argues in Favor of Right to Fire Public Employees Who Testify at Corruption Trials

By: Monday April 28, 2014 6:59 pm

The Supreme Court heard arguments today over whether public employee who testify under subpoena at public corruption trials should be protected by the First Amendment. The position of President Barack Obama’s administration appears to be that they should not be protected. The case is Lane v. Franks and it involves Edward Lane, who according to [...]

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