Blog of Rights

Jameel
Jaffer

Jaffer directed the National Security Project from 2007 – 2010 and is currently the Director of the ACLU's Center for Democracy. He has testified before Congress about issues relating to government surveillance and, since 2004, has served as a human rights monitor for the military commissions at Guantánamo. His book, Administration of Torture (co-authored with Open Society Justice Institute attorney Amrit Singh), was published by Columbia University Press in 2007. Prior to joining the ACLU, he clerked for Amalya L. Kearse, U.S. Court of Appeals for the 2nd Circuit, and Rt. Hon. Beverley McLachlin, Chief Justice of Canada. He is a graduate of Williams College, Cambridge University, and Harvard Law School. (Photo: Redwell Imaging)

The Justice Department’s White Paper on Targeted Killing

By Jameel Jaffer, Deputy Legal Director, ACLU at 10:04pm

Michael Isikoff at NBC News has obtained a Justice Department white paper that purports to explain when it would be lawful for the government...

What the Government Should Disclose About Its Targeted Killing Program

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:36am

This post originally appeared on Politico.

The U.S. Court of Appeals for the D.C. Circuit recently ruled that the Central Intelligence Agency may no longer refuse to acknowledge something that everyone knows to be true: the agency has "an interest" in the use of drones to carry out targeted killings. The CIA is unaccustomed to courts rejecting its secrecy claims, but in asking the courts to pretend that the agency might have no connection whatsoever to the targeted killing program, the agency dramatically overreached. Unsurprisingly, the appeals court was unwilling to give its "imprimatur to a fiction of deniability that no reasonable person would regard as plausible."

Further Reflections About John Brennan's Targeted Killing Speech

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:48am

The president's chief counterterrorism advisor delivered a speech yesterday at the Woodrow Wilson International Center for Scholars in Washington, D.C. We issued a first reaction here. Here are some further thoughts:

A Brewing Battle Over Warrantless Wiretapping

By Jameel Jaffer, Deputy Legal Director, ACLU at 1:14pm

It's almost certain that we'll have a hard-fought battle over domestic surveillance this year, both in the courts and in Congress.

Sens. Wyden and Udall Weigh in on ACLU Patriot Act FOIA Case

By Jameel Jaffer, Deputy Legal Director, ACLU at 6:09pm

"Contrary to core principles of American democracy." That's how two U.S. senators describe the Justice Department's refusal to release a secret legal interpretation of the Patriot Act.

Last year, we filed a request under the Freedom of Information Act for records about the government's use and interpretation of one of the Patriot Act's most controversial provisions: Section 215. Some members of the Senate Intelligence Committee had suggested that the provision was being abused. "When the American people find out how their government has secretly interpreted the Patriot Act," Colorado Sen. Mark Udall said, "they will be stunned and they will be angry."

American Torture and the 'Heroic Imagination'

By Jameel Jaffer, Deputy Legal Director, ACLU & Larry Siems, The Torture Report at 11:55am

This was originally posted on The Huffington Post.

Click here to read an original op-ed from the TED speaker who inspired this post and watch the TEDTalk below.

Trained in the Geneva Conventions and the Uniform Code of Military Justice, the military interrogators and guards who tortured and dehumanized prisoners in U.S. custody after 9/11 were hardly without ethical bearings. But as Alberto Mora, former chief counsel of the Navy, predicted when he discovered Defense Secretary Donald Rumsfeld had authorized previously banned interrogation techniques,

Could the Government Outlaw Lying?

By Jameel Jaffer, Deputy Legal Director, ACLU at 1:12pm

Could the government outlaw lying? Not just lying that causes injury — lying that defames, for example, or defrauds — but could the government outlaw lying more generally? The Justice Department appears to think so. In a case called United States v. Alvarez, the government is asking the Supreme Court to hold that that the First Amendment doesn’t protect “calculated falsehoods.” Calculated falsehoods, the Justice Department argues, are generally valueless, and Congress should be able to criminalize them if it wants to.

RIP Hitch

By Jameel Jaffer, Deputy Legal Director, ACLU at 3:53pm

Christopher Hitchens had many rare qualities – he was contrarian, original, devastatingly brilliant, skeptical of almost everything – and I take pride in the fact that he was once an ACLU client.  He was a plaintiff in our 2006 challenge to the Bush administration’s warrantless wiretapping program, a challenge that was sustained by the lower court but later dismissed on procedural grounds by a divided court of appeals.

Secrecy and Surveillance

By Jameel Jaffer, Deputy Legal Director, ACLU at 6:09pm

Over the last decade, lawyers for the Bush and Obama administrations have contended, controversially, that many government surveillance programs are effectively immune from judicial review. They’ve argued that surveillance programs can’t be challenged in court except by those who can prove definitively that their own communications have been monitored. Because only the government knows for certain whose communications have been monitored, the upshot of their argument is that a great deal of government surveillance is simply beyond the reach of the courts, and beyond the reach of the Constitution.

Unmasking "Secret Law": New Demand for Answers About the Government's Hidden Take on the Patriot Act

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:28am

Today the ACLU filed a Freedom of Information Act (FOIA) request demanding that the Justice Department release information about the government's use and interpretation of Section 215 of the Patriot Act.

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