Michael Price

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Michael Price serves as counsel for the Brennan Center’s Liberty and National Security Program, which seeks to ensure that our government respects human rights and fundamental freedoms in conducting the fight against terrorism. Mr. Price has worked to oppose discriminatory surveillance practices, developed legislation to create an independent Inspector General for the NYPD, and authored numerous amicus briefs on behalf of the Brennan Center and others in cases involving electronic surveillance and privacy issues. Mr. Price is a frequent commentator on national security issues for media outlets including ABC, CBS, NBC, The Guardian, MSNBC, Salon, Huffington Post, Al-Jazeera, NPR, The Hill, Roll Call, and the New York Daily News. He has published widely in academic outlets and is the author of National Security and Local Police (2013) and Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine (2016). Before joining the Brennan Center, Mr. Price was the National Security Coordinator for the National Association of Criminal Defense Lawyers, where he provided legal assistance for the defense of detainees in the military commissions at Guantanamo Bay. Mr. Price also engaged in litigation and public advocacy on issues related to privacy, electronic searches and surveillance, and government secrecy. He holds a J.D. from NYU School of Law and a B.A. from Columbia University in Political Science and Middle East & Asian Languages and Cultures.

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Executive Power

Does the President’s Immigration Order Violate the Rule Against Ideological Exclusion?

Long before Guantanamo Bay became infamous for its role in post-9/11 America, the naval base was at the center of a different national security fight. During the early 1990s, Guantanamo housed thousands of Haitian refugees in a tent city on an abandoned runway where the military commission complex now stands. They fled Haiti following a military coup, but President George H. W. Bush instructed the Coast Guard to interdict them at sea before they could reach American soil and apply for asylum.

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Recent news reports indicate that the FBI has obtained a warrant to search a cache of emails belonging to Hillary Clinton aide Huma Abedin. The emails were discovered in the course of an “unrelated case” involving Abedin’s now-estranged husband, Anthony Weiner, who is under investigation for allegedly sexting with an underage girl.

Criminal Law: Procedural

United States v. Ganias and the Case for Selective Seizures of Digital Evidence

Recent high-profile cases involving digital searches and seizures have largely focused on government access to data, from the battle over breaking strong encryption to the debates over whether a warrant is required to hack a computer or to obtain private communications from a third-party service provider.