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  • Security and Liberty: How to Maximize Both

    The horrific terrorist attack in Boston this week, and the ensuing investigation to find the person or persons responsible, once again highlight the age-old question: How must America balance security and liberty? We at The Heritage Foundation cherish both individual liberty and security and have written about both before and … More

    Smith-Amash Detainee Amendment Is Dangerous Policy

    A few congressmen are now attempting to remove some longstanding lawful tools in the counterterrorism fight. The Smith–Amash amendment would force the government to send any al-Qaeda member captured in the United States directly to federal court. If this amendment becomes law, it would limit a President’s flexibility and take … More

    Arizona v. United States: Showdown in the Supreme Court

    For the second year in a row, the U.S. Supreme Court will hear an immigration case out of the State of Arizona.  And for the second time is as many years, the Obama administration has sued the State of Arizona in the hopes of stopping its state law aimed at … More

    Holder’s Letter to Judges Ignores the Issue

    Instead of responding to the 5th Circuit Court’s explicit request regarding President Obama’s untoward comments about the Supreme Court’s power to overturn congressional statutes, Attorney General Eric Holder sent the judges a law student-level brief on the propriety of judicial review. The letter intentionally ignored the judge’s main question, which … More

    Missing the Mark on Military Commissions

    Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an invited representative of a non-governmental organization (NGO), my employer, The Heritage Foundation.  And once again, I was disappointed by the lack of informed commentary from my fellow NGO representatives.   Perhaps … More

    What We’ve Learned About Terror Trials From the Underwear Bomber

    It was supposed to be the second full day in federal court for Umar Farouk Abdulmutallab. The so-called “Christmas Day bomber” aka “The Underwear Bomber” faced eight charges, including attempted murder on an aircraft. But, acting as his own attorney, Abdulmutallab surprised many Wednesday by pleading guilty. He faces a maximum … More

    Federal Judge Upholds Part of Alabama Immigration Law

    There is more good news today in the fight against illegal immigration at the state level (and bad news for the Obama Administration’s policy against enforcement of immigration laws). This afternoon, federal district court Judge Sharon Blackburn in Alabama issued an opinion refusing the Obama Administration’s request that the court … More

    Military Commissions Just Became More Transparent

    The Office of Military Commissions quietly launched a new website this past Monday that was a year in the making.  Located at www.mc.mil, it is an invaluable informational site loaded with court documents, historical information, Supreme Court cases dealing with military commissions, and other pertinent and helpful information.  In a … More

    Troy Davis’s Claims of Innocence: “Smoke and Mirrors”

    Troy Davis, convicted cop killer, was executed last week by the State of Georgia for the 1989 slaying of Officer Mark MacPhail.  Anti-death penalty activists held Davis out as an innocent man, and repeatedly claimed that seven of the nine witnesses to the cold-blooded murder have since recanted their damning … More

    Enhancing Public Safety By Giving Criminals a Pass

    Just imagine if a President announced that his administration would not be prosecuting anyone for violating the following federal crimes currently on the books: (1) willfully disturbing or killing any bird, fish, or wild animal not in compliance with wildlife regulations; (2) anyone who obstructs or interferes with peaceful picketers … More