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Whether a cause of action is available under the Constitution for violations of prisoners鈥� due process and equal protection rights when the prisoners were abused in immigration custody and when the government asserts that the abuse touches on national security decisions.

The ACLU filed a Freedom of Information Act (FOIA) lawsuit demanding that the CIA, and the Departments of Defense, Justice, and State release a 6,900-page report of a comprehensive investigation into the CIA鈥檚 post-9/11 program of detention, torture, and other abuse of detainees. The investigative report was produced by the Senate Select Committee on Intelligence and describes horrific human rights abuses by the CIA. It also chronicles the agency鈥檚 evasions and lies to Congress, the White House, the media, and the public. In May 2015, a federal district court dismissed the case, finding that the full torture report is a congressional record and therefore not subject to FOIA, which applies only to executive branch records. The D.C. Circuit Court of Appeals affirmed the district court鈥檚 judgment in May 2016. In November 2016, we filed a petition for a writ of certiorari in the Supreme Court, asking it to hold that the full report is subject to FOIA 鈥� so it may be released to the public. In April 2017, the Supreme Court declined to hear the case. The outcome was a major setback for government transparency and accountability.

In January 2017, the ACLU filed a Freedom of Information Act request seeking documents on conflicts of interest and violations of the Constitution and federal law posed by President Trump鈥檚 and his family鈥檚 business interests.

The ACLU and the NYCLU filed a Freedom of Information Act lawsuit in March 2015 demanding documents relating to the TSA's Screening Passengers by Observation Techniques (SPOT) program. The TSA turned over hundreds of documents in response, and in February 2017 the ACLU released a report analyzing the records.