August 5, 2020--Due Process Institute and a bipartisan coalition of 10 groups called on Congressional leadership to utilize oversight of federal agencies to ensure they are not conducting illegal surveillance of people in the United States through questionable legal authorities. Several provisions of the Foreign Intelligence Surveillance Act have been expired since March but some Executive and Congressional leaders have alleged that authorization of these provisions is not required for federal agencies to conduct mass surveillance of American citizens.

This request follows a letter sent by the Due Process Institute in May requesting transparency and a recent letter sent by Senators Patrick Leahy and Mike Lee. 

July 31, 2020--Due Process Institute's Policy Counsel submitted written testimony to Virginia's Senate Judiciary and Social Services Committees urging the state to adopt reforms that "improve fairness and the effective administration of justice" during the Commonwealth's upcoming special legislative session.

He urged the members of the Virginia General Assembly to adopt the following reforms: 

1. An end to the state's statutory presumptions of pretrial detention for certain crimes that disrespect our principle that every individual is innocent until proven guilty. 

2. Requiring a formal hearing before pretrial incarceration for all individuals arrested or charged with a crime. 

3. Removing one of the largest barriers to police accountability—qualified immunity. 

July 24, 2020--Due Process Institute joined a bipartisan coalition of national and local groups calling on the U.S. Senate to allow consideration of the bipartisan COVID-19 Safe Detention Act sponsored by Senators Durbin, Grassley, and Cramer as part of the next COVID-19 response package. This legislation will reduce overcrowding in federal prisons by streamlining the individualized determination of compassionate release and home detention motions for those who are extremely vulnerable to COVID-19 given their age or medical condition.

July 23, 2020--Virginia will be hosting a special session in August 2020 where legislative leaders will consider a variety of criminal justice reform proposals. Due Process Institute joined a bipartisan coalition of nine groups calling for the adoption of significant policing and criminal justice reforms such as ending mandatory minimums, expanding expungement, and improving police accountability. 

“The COVID-19 crisis and recent calls for criminal justice reform create an inflection point for Virginia to lead the rest of the country by ensuring an effective justice system characterized by restoration and equality for all,” said Jeremiah Mosteller, Policy Counsel at Due Process Institute. “As a Virginian, I have been encouraged by the steps our General Assembly has already taken in recent sessions to improve our justice system and urge our elected leaders to utilize this unique opportunity to fix the remaining problems. These solutions should seek to reduce overcriminalization, improve accountability in policing, and ensure everyone’s constitutional rights are protected in the Commonwealth’s justice system.” 

July 21, 2020--Senators Patrick Leahy and Mike Lee sent a letter to the Attorney General and the Director of National Intelligence requesting that they confirm the termination of certain federal surveillance programs that Congress has failed to reauthorize and provide detailed explanations for the continuation of similar activities under other questionable legal authorities. 

These requests mirror those included in a letter Due Process Institute, Defending Rights & Dissent, Demand Progress, and FreedomWorks urging that Congress receive similar information before reauthorizing key provisions of the Foreign Intelligence Surveillance Act.