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PROFILE

David D. Cole Guest

David D. Cole

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Georgetown University / American Civil Liberties Union

David Cole is Professor of Law at Georgetown Law and National Legal Director for the American Civil Liberties Union. He is also a legal affairs correspondent for the Nation and a contributor to the New York Review of Books. Co-author of Less Safe, Less Free: Why We Are Losing the War on Terror and The Torture Memos: Rationalizing the Unthinkable, and the author of Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law, from 1985-1990, Cole served as a staff attorney at the Center for Constitutional Rights.

FROM David D. Cole

Questions about Sessions remain as confirmation hearings set

Questions about Sessions remain as confirmation hearings set In 1986, Jeff Sessions was US Attorney for the Southern District of Alabama. When Ronald Reagan nominated him for a federal judgeship, the US Senate said "no," largely because of his record on racial discrimination and civil rights. Photo by Gage Skidmore Now Sessions is a long-time veteran of the Senate, and Donald Trump has nominated him to be Attorney General. One of those testifying before the Judiciary Committee will be David Cole, Georgetown Law School Professor and National Legal Director for the American Civil Liberties Union .

9 MIN, 6 SEC Jan 09, 2017

A Muslim registry: Would it be legal?

A Muslim registry: Would it be legal? Donald Trump threatened a ban on Muslim immigration during his campaign, and, since, his election, incidents of ethnic intimidation are on the rise. That's created a climate of fear among Muslim Americans, who worry about an official Muslim registry. Trump himself has issued conflicting statements, but it's been done before — most recently in the aftermath of September 11. During WWII, Japanese-Americans were interned, and some Trump surrogates have insisted the legal precedent still applies. We update that story.

33 MIN, 27 SEC Nov 22, 2016

Guantánamo, the Constitution and Presidential Politics

Guantánamo, the Constitution and Presidential Politics In 2008, candidate Barack Obama accused George W. Bush of abusing the power of the presidency to establish the prison at Guantánamo Bay. Now President Obama's accused of doing the same thing -- to close Guantánamo down. It's all about the authority of the Commander in Chief. But, Congress says the remaining inmates are too dangerous to be held in American prisons and has made the transfer illegal. The White House says executive action is "not off the table," which could light a political firestorm in time for next year's presidential campaign.

33 MIN, 58 SEC Nov 13, 2015

Obama, Congress and the Surveillance State

Obama, Congress and the Surveillance State Britain's Guardian newspaper and the Washington Post broke the stories last week about the National Security Agency collecting metadata on virtually every phone call made in this country and overseas and on Internet communications overseas. The leaker is 29-year old Edward Snowden , who worked for the CIA and as a contractor for the National Security Agency, and is now hiding out in Hong Kong. Privacy advocates are outraged over the revelations, and everybody's astonished at the volume of phone calls and personal data now in government hands. Many members of Congress say 'they didn't know', although President Obama insists that they did. Is there a violation of constitutional rights? Has he vastly expanded practices begun by President Bush — and which he denounced during his own campaign for the White House?

45 MIN, 35 SEC Jun 10, 2013

Supreme Court Returns to the Bench

Supreme Court Returns to the Bench The US Supreme Court is back in session today and this year's decisions could be just a controversial as those of last year. The Court closed last year's session with the dramatic, final-day approval of President Obama's Affordable Care Act — with Chief Justice John Roberts joining his four liberal colleagues for the first time in a 5-to-4 decision. Three days before that, it struck down most of Arizona's anti-immigrant law. Georgetown University Law Professor David Cole asks, " What will they do for an encore? "

8 MIN, 21 SEC Oct 01, 2012

Is the Obama Administration Tough on Terror...or Not?

Which Way, L.A.?

Is the Obama Administration Tough on Terror...or Not? Some Republicans in Congress, along with former Vice President Cheney and his daughter Liz, are attacking President Obama for being soft on terrorism. The allegations raise a question that dates back to the Bush Administration: should foreign terrorism suspects be tried in civilian courts or in military tribunals?

28 MIN, 33 SEC Mar 10, 2010

Is the Obama Administration Tough on Terror...or Not?

Is the Obama Administration Tough on Terror...or Not? Republicans are up in arms because Attorney General Eric Holder wants Khalid Sheikh Mohammed tried in a civilian court . Will the White House move the case to a military tribunal? Will that help close Guantánamo Bay? The opposition's divided over another charge: that Holder's Department of Justice has become "in-house counsel to al-Qaida." What does that have to do with the standards of the legal profession — and Dick Cheney's daughter, Liz?

36 MIN, 40 SEC Mar 10, 2010

Terror on Trial: Politics as Usual

Which Way, L.A.?

Terror on Trial: Politics as Usual

Feb 08, 2010

Terror on Trial: Politics as Usual

Terror on Trial: Politics as Usual Within the war on terror, there's another war going on, a political one. The Obama Administration says it's getting valuable information from the man accused of trying to blow up a plane on Christmas Day. Conservatives say Umar Farouk Abdulmutallab's case is being handled wrong, and that the government should be tougher on terror suspects. It all makes for potent mix of politics, counter-terrorism and national security – in an election year. Amid news that top al Qaeda leaders have been killed, are Obama's terror policies more effective than the Bush Administration, or are they just presenting a kinder American face to the world? How prepared is the country to deal with renewed terror threats?

35 MIN, 18 SEC Feb 08, 2010

A Trial for Terrorists in New York City

A Trial for Terrorists in New York City Attorney General Eric Holder announced today that the self-described mastermind of 9/11 will be tried in federal court just blocks from where the World Trade Towers once stood in New York City. Holder said he'll seek the death penalty for Kalid Saikh Mohammed and four other men. The decision raises questions about security, the rights of defendants who say they were tortured and what might happen if they're acquitted. Why are they getting a civil trial while a suspect in the 2000 bombing of the USS Cole will face a military tribunal?

43 MIN, 31 SEC Nov 13, 2009

National Security and American Values

Which Way, L.A.?

National Security and American Values Suspected terrorists have been held for years in US military prisons with no charges and no trials, creating a conflict between constitutional rights and national security. As soon as next month, Barack Obama will face tough choices about presidential power. We hear about a US Supreme Court case which could have dramatic and long-lasting consequences.

26 MIN, 9 SEC Feb 26, 2009

What Should Be Done about Guantanamo Detainees?

What Should Be Done about Guantanamo Detainees? In last year's campaign, Barack Obama was scathing in his criticism of the Bush Administration's treatment of prisoners in the war on terror. As President, he has denounced torture and ordered closure of Guantánamo Bay. But what about detainees who've been held for years without trials or even charges against them? Obama wants to assert American “values.” Former Vice President Cheney says he cares more about the rights of terrorists than protecting the US. We hear about a US Supreme Court case that could cause a political firestorm and lay down rules that could last for years to come.

36 MIN, 2 SEC Feb 26, 2009

Holy Land Foundation Escapes Conviction on Financing Terrorism

Which Way, L.A.?

Holy Land Foundation Escapes Conviction on Financing Terrorism After the horrors of September 11, President Bush said he would not only attack terrorists but issue orders to shut down their financing. A key front in this war was the Holy Land Foundation , a charity that raised millions of dollars for needy Arabs. The administration claimed that the Texas-based organization was helping Hamas , a terrorist organization, and filed criminal charges against HLF leaders. This week the prosecution of the foundation collapsed and a jury issued no guilty verdicts. The failure has raised serious questions about the use of executive power. Has the White House bungled the war on terror?

22 MIN, 42 SEC Oct 25, 2007

Holy Land Foundation Escapes Conviction on Financing Terrorism

Holy Land Foundation Escapes Conviction on Financing Terrorism After the horrors of September11, President Bush said he would not only attack terrorists but issue orders to shut down their financing. A key front in this war was the Holy Land Foundation , a charity that raised millions of dollars for needy Arabs. The administration claimed that the Texas-based organization was helping Hamas , a terrorist organization, and filed criminal charges against HLF leaders. This week the prosecution of the foundation collapsed and a jury issued no guilty verdicts. The failure has raised serious questions about the use of executive power. Has the White House bungled the war on terror?

35 MIN, 2 SEC Oct 25, 2007

Homegrown Terrorism and 'Bunches of Guys'

Homegrown Terrorism and 'Bunches of Guys' The train bombings in Madrid and London exposed the threat of "homegrown terrorism." Now the focus of law enforcement has changed from disaffected lone wolves to what the FBI calls "BOG's" or "bunches of guys." The New York Police Department pinpoints small groups of "unremarkable people" it says can be transformed into willing killers. The NYPD report calls the process a "road map" of radicalization which creates both opportunities and problems for law enforcement. Can local law enforcement take preventive action against BOG's without violating constitutional liberties? Why do the cops need satellite surveillance?

35 MIN, 28 SEC Aug 21, 2007

David Hicks Enters Surprise Guilty Plea at Guantanamo Bay

David Hicks Enters Surprise Guilty Plea at Guantanamo Bay In December, 2001, David Hicks was captured while attempting to flee Afghanistan in a taxi. A month later, the Australian citizen became one of the first prisoners held at Guantánamo Bay. He was accused of using a gun to guard a Taliban tank, conducting surveillance on the empty US embassy in Kabul, attending al Qaeda training camps and fighting against American forces. Yesterday, he became the first Guantánamo prisoner to face a military commission , newly authorized by Congress last year. After a contentious hearing was adjourned, Hicks pleaded not guilty to involvement in any terrorist act, but stunned everyone by pleading guilty to one count of supporting a terrorist organization. Has Hicks been treated fairly or subjected to a kangaroo court? With the Bush Administration divided, what are the prospects for closing Guantánamo Bay?

34 MIN, 5 SEC Mar 27, 2007

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