Washington, DC (January 17, 2014) — Today, President Obama made a long-awaited speech on surveillance reform proposals. Unfortunately, the President chose to defer to Congress on key components of the most significant known program in need of reform—the bulk collection of Americans’ telephone metadata. Nothing the President said today indicated that the wholesale collection of this information is to be brought to an end.
In response to the President’s remarks, NACDL Executive Director Norman Reimer said: "The President has opted for smaller changes rather than a complete overhaul of the program. It is time for the President to start protecting the people’s rights. While it is a step in the right direction to recommend ending direct government collection of this metadata and to provide back-end protections on searching the information, the President should have supported ending the program altogether."
While the President did promise to extend greater privacy protections to non-US persons and require the NSA to seek approval from the Foreign Intelligence Surveillance Court (FISC) prior to querying the metadata, he failed to uphold the fundamental protection against unwarranted and unreasonable government intrusion—the Fourth Amendment. Privacy and security are not mutually exclusive. As his own task force reported late last year, the telephony metadata program under Section 215 of the PATRIOT Act "is not essential to preventing attacks," and the information obtained pursuant to that program "could readily [be] obtained in a timely manner using conventional" individualized and particularized court orders. On balance, this program should be ended as it greatly infringes upon the privacy and First Amendment interests of Americans and offers very little security value.
As the nation now looks to Congress for much needed reform, NACDL supports the bipartisan USA FREEDOM Act, which would end the 215 program. NACDL urges Members of Congress to enact this badly needed legislation in an effort to curb further government overreach. Piecemeal reforms that only seek to place a Band-Aid on the problems while codifying the programs as they currently exist, like those proposed by leaders of the Intelligence Committees, will only further infringe fundamental constitutional rights.
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Ivan Dominguez, Director of Public Affairs and Communications (202) 465-7662 or firstname.lastname@example.org.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.