Publications & Resources

Search TCP documents by typing a keyword (e.g., author, document title, etc.) into the search box and hitting the search button. Refine your results by selecting from the issues, material types, date range, and committee options listed. You can also browse recent publications and resources below.

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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in Meshal v. Higgenbotham (U.S. Supreme Court, Cert. stage)
Amicus Brief in Meshal v. Higgenbotham (U.S. Court of Appeals for the D.C. Circuit)
Amicus Brief in Meshal v. Higgenbotham (U.S. Court of Appeals for the D.C. Circuit)
Amicus Brief in Hedges Et al.v. Obama (U.S. Court of Appeals for the Second Circuit)
The brief raises an argument overlooked by the district court and not addressed by the parties, namely that neither the 2012 NDAA nor the 2001 AUMF adopted in the aftermath of the 9/11 attacks provides the executive with the authority to place individuals in military detention without charge or trial if the individuals are arrested in the United States.
Amicus Brief in Hedges Et al.v. Obama (U.S. Court of Appeals for the Second Circuit)
The brief raises an argument overlooked by the district court and not addressed by the parties, namely that neither the 2012 NDAA nor the 2001 AUMF adopted in the aftermath of the 9/11 attacks provides the executive with the authority to place individuals in military detention without charge or trial if the individuals are arrested in the United States.
Amicus Brief in Ashcroft v. al-Kidd (U.S. Supreme Court, Merits Stage)
Mr. al-Kidd, a U.S. citizen, challenged his preventive detention under the material witness statute, and the question before the Court is whether former Attorney General Ashcroft is immune from suit. TCP's brief does not take a position on the immunity question, but supports Mr. al-Kidd by explaining the limited scope of the Executive's detention authority.
Amicus Brief in Ashcroft v. al-Kidd (U.S. Supreme Court, Merits Stage)
Mr. al-Kidd, a U.S. citizen, challenged his preventive detention under the material witness statute, and the question before the Court is whether former Attorney General Ashcroft is immune from suit. TCP's brief does not take a position on the immunity question, but supports Mr. al-Kidd by explaining the limited scope of the Executive's detention authority.
Amicus brief in United States v. El-Mazain (Holy Land Foundation) (Fifth Circuit)
Case is appeal from conviction of Holy Land Foundation, Muslim charity, under material support statute. Amicus brief by coalition including TCP argues that district court's jury instruction violated due process by allowing a criminal conviction without requiring proof that the defendants knew that their charitable donations would end up in the hands of a designated foreign terrorist group.
Amicus brief in United States v. El-Mazain (Holy Land Foundation) (Fifth Circuit)
Case is appeal from conviction of Holy Land Foundation, Muslim charity, under material support statute. Amicus brief by coalition including TCP argues that district court's jury instruction violated due process by allowing a criminal conviction without requiring proof that the defendants knew that their charitable donations would end up in the hands of a designated foreign terrorist group.
Amicus Brief in Kiyemba v. Obama (U.S. Supreme Court, Merits Stage)
Seven Chinese Muslims, or Uighurs, challenged their continued detention at the Guantanamo Bay prison in light of longstanding recognition that they are not enemy combatants. The amicus brief - on behalf of The Constitution Project and a coalition of groups - argues that the courts must have the power to order release as a remedy when a detainee at the Guantanamo Bay prison challenges the legality of his detention through a writ of habeas corpus.
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