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David D. Cole

Hon. George J. Mitchell Professor in Law and Public Policy

B.A., J.D., Yale

Areas of Expertise:

Constitutional Law, Courts and Judges, Criminal Law and Procedure, National Security, Military, War and Peace

David Cole teaches constitutional law, national security, and criminal justice at Georgetown University Law Center. He is also the legal affairs correspondent for The Nation,...

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David Cole teaches constitutional law, national security, and criminal justice at Georgetown University Law Center. He is also the legal affairs correspondent for The Nation, and a regular contributor to the New York Review of Books. He has been published widely in law journals and the popular press, including the Yale Law Journal, California Law Review, Stanford Law Review, New York Times, Washington Post, The New Republic, Wall Street Journal, and Los Angeles Times. He is the author of seven books. Less Safe, Less Free: Why America Is Losing the War on Terror, published in 2007, and co-authored with Jules Lobel, won the Palmer Civil Liberties Prize for best book on national security and civil liberties. Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism, received the American Book Award in 2004. No Equal Justice: Race and Class in the American Criminal Justice System was named Best Non-Fiction Book of 1999 by the Boston Book Review, and best book on an issue of national policy in 1999 by the American Political Science Association. His most recent book is The Torture Memos: Rationalizing the Unthinkable (2009). 

He received his bachelor’s degree and law degree from Yale University. He worked as a staff attorney for the Center for Constitutional Rights from 1985-90, and has continued to litigate as a professor. He has litigated many significant constitutional cases in the Supreme Court, including Texas v. Johnson and United States v. Eichman, which extended First Amendment protection to flagburning; National Endowment for the Arts v. Finley, which challenged political content restriction on NEA funding; and Holder v. Humanitarian Law Project, which challenged the constitutionality of the statute prohibiting “material support” to terrorist groups, which makes speech advocating peace and human rights a crime. He has been involved in many of the nation’s most important cases involving civil liberties and national security, including the case of Maher Arar, a Canadian citizen rendered to Syria by U.S. officials and tortured there.


The late New York Times columnist Anthony Lewis called David “one of the country’s great legal voices for civil liberties today,” and Nat Hentoff has called him “a one-man Committee of Correspondence in the tradition of patriot Sam Adams.” David has received two honorary degrees, and numerous awards for his human rights work, including, in 2013, the inaugural Norman Dorsen Presidential Prize from the ACLU for lifetime commitment to civil liberties.

Recent Scholarship

Books

  • Rules for Resistance: Advice from Around the Globe for the Age of Trump (David D. Cole & Melanie Wachtell Stinnett eds., New York: The New Press 2017).   
  • Surveillance, Privacy and Transatlantic Relations (David D. Cole, Federico Fabbrini & Stephen Schulhofer eds., Portland, Or.: Hart Publishing 2017).    [BOOK]

Book Chapters and Collected Works

  • David D. Cole, The Way to Stop Trump, in What We Do Now: Standing Up For Your Values In Trump's America 19-25 (Dennis Johnson & Valerie Merians eds., Brooklyn, N.Y.: Melville House 2017).    [BOOK]
View all scholarship

All Scholarship 1993 - Present

Books

  • Rules for Resistance: Advice from Around the Globe for the Age of Trump (David D. Cole & Melanie Wachtell Stinnett eds., New York: The New Press 2017).   
  • Surveillance, Privacy and Transatlantic Relations (David D. Cole, Federico Fabbrini & Stephen Schulhofer eds., Portland, Or.: Hart Publishing 2017).    [BOOK]
  • David D. Cole, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law (New York: Basic Books 2016).    [BOOK]
  • Secrecy, National Security and the Vindication of Constitutional Law (David D. Cole, Federico Fabbrini & Arianna Vedaschi eds., Cheltenham, U.K.: Edward Elgar 2013).    [BOOK]
  • Securing Liberty: Debating Issues of Terrorism and Democratic Values in the Post-9/11 United States (David D. Cole ed., New York: International Debate Education Association 2011).    [BOOK]
  • The Torture Memos: Rationalizing the Unthinkable (David D. Cole ed., New York: New Press 2009).    [BOOK]
  • David D. Cole, Justice at War: The Men and Ideas that Shaped America's War on Terror (New York: New York Review Books 2008).    [BOOK]
  • David D. Cole & Jules Lobel, Less Safe, Less Free: Why America is Losing the War on Terror (New York: New Press 2007).    [BOOK]
  • David D. Cole & James X. Dempsey, Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security (New York: New Press rev. 3d ed. 2006).   
  • David D. Cole, Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New York: New Press rev. pbk. ed. 2005).   
  • David D. Cole, Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New York: New Press 2004).   
  • David D. Cole, Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New York: New Press 2003).    [BOOK]

Contributions to Law Reviews and Other Scholarly Journals

  • David D. Cole, After Snowden: Regulating Technology-Aided Surveillance in the Digital Age, 44 Cap. U. L. Rev. 677-691 (2016).    [HEIN] [W] [Gtown Law]
  • David D. Cole & Federico Fabbrini, Bridging the Transatlantic Divide? The United States, the European Union, and the Protection of Privacy Across Borders, 14 Int'l J. Const. L. 220-237 (2016).   
  • David D. Cole, Assessing the Leakers: Criminals or Heroes?, 8 J. Nat'l Security L. & Pol'y 107-118 (2015) (adapting The Three Leakers and What To Do About Them, N.Y. Rev. Books, Feb. 6, 2014, at 7-9).    [HEIN] [W]
  • David D. Cole, The Difference Prevention Makes: Regulating Preventive Justice, 9 Crim. L. & Phil. 501-519 (2015).    [W] [SSRN] [Gtown Law]
  • David D. Cole, Alex Abdo, George Ellard, Kenneth Wainstein & Stephen I. Vladeck, Panel, A New Paradigm of Leaking, 8 J. Nat'l Security L. & Pol'y 5-32 (2015).    [HEIN] [W]
  • David D. Cole, Confronting the Wizard of Oz: National Security, Expertise, and Secrecy, 44 Conn. L. Rev. 1627-1635 (2012).    [HEIN] [W] [Gtown Law] [WWW]
  • David D. Cole, Legal Affairs: Dreyfus, Guantánamo, and the Foundation of the Rule of Law, 29 Touro L. Rev. 43-57 (2012).    [HEIN] [W] [Gtown Law] [WWW]
  • David D. Cole, The Taint of Torture: The Roles of Law and Policy in Our Descent to the Dark Side, 49 Hous. L. Rev. 53-69 (2012).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, The First Amendment's Borders: The Place of Holder v. Humanitarian Law Project in First Amendment Doctrine, 6 Harv. L. & Pol'y Rev. 147-177 (2012).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David D. Cole, Turning the Corner on Mass Incarceration?, 9 Ohio St. J. Crim. L. 27-51 (2011).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David D. Cole, Where Liberty Lies: Civil Society and Individual Rights After 9/11, 57 Wayne L. Rev. 1203-1267 (2011).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David D. Cole, The Sacrificial Yoo: Accounting for Torture in the OPR Report, 4 J. Nat'l Sec. L. & Pol'y 455-464 (2010).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • David D. Cole, English Lessons: A Comparative Analysis of UK and US Responses to Terrorism, 62 Current Legal Probs. 136-167 (2009) (adapted from David D. Cole, The Brits Do It Better, N.Y. Rev. Books, June 12, 2008, at 68 (reviewing Laura K. Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty (2008) & David Bonner, Executive Measures, Terrorism, and National Security: Have the Rules of the Game Changed? (2007))).   
  • David D. Cole, Out of the Shadows: Preventive Detention, Suspected Terrorists, and War, 97 Cal. L. Rev. 693-750 (2009).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, Address to the Terrorism & Justice Conference at the University of Central Missouri: Less Safe, Less Free: A Progress Report on the War on Terror, 8 J. Inst. Just. & Int'l Stud. 1-8 (2008).    [HEIN] [W] [Gtown Law]
  • David D. Cole, No Reason to Believe: Radical Skepticism, Emergency Power, and Constitutional Constraint, 75 U. Chi. L. Rev. 1329-1364 (2008) (reviewing Eric A. Posner & Adrian Vermeule, Terror in the Balance: Security, Liberty, and the Courts (2007)).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, Panel: Restrictions on Freedom of Association Through Material Support Prohibitions and Visa Denials, 57 Am. U. L. Rev. 1212-1217 (2008).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Rights Over Borders: Transnational Constitutionalism and Guantánamo Bay, 2008 Cato Sup. Ct. Rev. 47-61.    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole & Peter H. Schuck, Citizenship in a Post 9/11 World, 75 Fordham L. Rev. 2531-2540 (2007).    [HEIN] [W] [WWW]
  • David D. Cole, The Poverty of Posner's Pragmatism: Balancing Away Liberty After 9/11, 59 Stan. L. Rev. 1735-1751 (2007) (reviewing Richard Posner, Not a Suicide Pact: The Constitution in a Time of National Emergency (2006)).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Against Citizenship as a Predicate for Basic Rights, 75 Fordham L. Rev. 2541-2548 (2007).    [HEIN] [W] [Gtown Law]
  • David D. Cole et al., NSA Wiretapping Controversy: A Debate Between Professor David D. Cole and Professor Ruth Wedgwood, 37 Case W. Res. J. Int'l L. 509-535 (2006).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Reviving the Nixon Doctrine: NSA Spying, the Commander-In-Chief, and Executive Power in the War On Terror, 13 Wash. & Lee J. Civil Rts. & Soc. Just. 17-40 (2006).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, The Idea of Humanity: Human Rights and Immigrants' Rights, 37 Colum. Hum. Rts. L. Rev. 627-658 (2006).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole & Martin S. Lederman, The National Security Agency's Domestic Spying Program: Framing the Debate, 81 Ind. L.J. 1355-1425 (2006).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Fighting Terrorism – Not the Constitution, 12 Responsive Community: Rights and Responsibilities 48-55 (2001/2002).   
  • David D. Cole, The Liberal Legacy of Bush v. Gore, 94 Geo. L.J. 1427-1474 (2006).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, The Priority of Morality: The Emergency Constitution's Blind Spot, 113 Yale L.J. 1753-1800 (2004).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens?, 25 T. Jefferson L. Rev. 367-388 (2003).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Judging the Next Emergency: Judicial Review and Individual Rights in Times of Crisis, 101 Mich. L. Rev. 2565-2595 (2003).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, Security and Freedom: Are the Governments' Efforts to Deal With Terrorism Violative of Our Freedoms?, 29 Can.-U.S. L.J. 339-349 (2003).    [HEIN] [W] [Gtown Law]
  • David D. Cole, The New McCarthyism: Repeating History in the War in Terrorism, 38 Harv. C.R.-C.L. L. Rev. 1-30 (2003).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, Their Liberties, Our Security: Democracy and Double Standards, 31 Int'l J. Legal Info. 290-311 (2003).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Enemy Aliens, 54 Stan. L. Rev. 953-1004 (2002).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, Faith and Funding: Toward an Expressivist Model of the Establishment Clause, 75 S. Cal. L. Rev. 559-603 (2002).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Formalism, Realism, and the War on Drugs, 35 Suffolk U. L. Rev. 241-255 (2001).    [HEIN] [W] [Gtown Law]
  • David D. Cole, In Aid of Removal: Due Process Limits on Immigration Detention, 51 Emory L.J. 1003-1039 (2002).    [HEIN] [W] [SSRN] [Gtown Law]
  • David D. Cole, As Freedom Advances: The Paradox of Severity in American Criminal Justice, 3 U. Pa. J. Const. L. 455-473 (2001).    [HEIN] [W] [Gtown Law]
  • David D. Cole, No Equal Justice, 1 Conn. Pub. Int. L.J. 19-33 (2001).    [HEIN] [Gtown Law] [WWW]
  • David D. Cole, Secrecy, Guilt by Association, and the Terrorist Profile, 15 J.L. & Religion 267-288 (2001).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Hanging With the Wrong Crowd: Of Gangs, Terrorists, and the Right of Association, 1999 Sup. Ct. Rev. 203-252.    [HEIN] [W] [Gtown Law]
  • David D. Cole, Damage Control? A Comment on Professor Neuman’s Reading of Reno v. AADC, 14 Geo. Immigr. L.J. 347-362 (2000).    [HEIN] [W] [Gtown Law]
  • David D. Cole, Race, Class and Criminal Prosecutions: The Supreme Court’s Role in Targeting Minorities, 57 Guild Prac. 38-40 (2000).    [HEIN] [Gtown Law]

Book Chapters and Collected Works

  • David D. Cole, The Way to Stop Trump, in What We Do Now: Standing Up For Your Values In Trump's America 19-25 (Dennis Johnson & Valerie Merians eds., Brooklyn, N.Y.: Melville House 2017).    [BOOK]
  • David D. Cole & Federico Fabbrini, Reciprocal Privacy: Towards a Transatlantic Agreement, in Constitutionalism Across Borders in the Struggle Against Terrorism 169-188 (Federico Fabbrini & Vicki C. Jackson eds., Northampton, Mass.: Edward Elgar Publishing 2016).    [BOOK]
  • David D. Cole, Fourth Amendment Protections Need Revision to Protect Privacy, in Privacy 159-163 (Noël Merino ed., Farmington Hills, Mich.: Greenhaven Press 2015).    [BOOK]
  • David D. Cole, What Should We Do About the Leakers?, in After Snowden: Privacy, Secrecy, and Security in the Information Age 122-140 (Ronald Goldfarb ed., New York: Thomas Dunne Books 2015).    [BOOK]
  • David D. Cole, Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret Evidence and 'Cleared Counsel' in the United States, the United Kingdom, and Canada, in Reasoning Rights: Comparative Judicial Engagement 161-177 (Liora Lazarus, Christopher McCrudden & Nigel Bowles eds., Oxford: Hart Publishing 2014).    [BOOK]
  • David D. Cole, Preserving Privacy in a Digital Age: Lessons of Comparative Constitutionalism, in Surveillance, Counter-Terrorism and Comparative Constitutionalism 95-116 (Fergal Davis, Nicola McGarrity & George Williams eds., Abingdon, U.K.: Routledge 2014).    [BOOK]
  • David D. Cole, Military Commissions and the Paradigm of Prevention, in Guantánamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective 95-116 (Fionnuala Ní Aoláin & Oren Gross eds., New York: Cambridge University Press 2013).    [SSRN] [Gtown Law] [BOOK]
  • David D. Cole, The United States: Civil Society's Defense of the Rule of Law, in Assessing the War on Terror 161-172 (Mohammed Ayoob & Etga Ugur eds., Boulder, Colo.: Lynne Rienner Publishers 2013).   
  • David D. Cole, Closing Guantánamo: The Problem of Preventive Detention, in Securing Liberty: Debating Issues of Terrorism and Democratic Values in the Post-9/11 United States 171-187 (David D. Cole ed., New York: International Debate Education Association 2011).    [BOOK]
  • David D. Cole, Judgment and Discrimination, in Blind Goddess: A Reader on Race and Justice 117-138 (Alexander Papachristou ed., New York: New Press 2011).    [BOOK]
  • David D. Cole & Martin S. Lederman, The National Security Agency's Domestic Spying Program: Framing the Debate, in National Security, Civil Liberties, and the War on Terror 306-310 (M. Katherine B. Darmer & Richard D. Fybel eds., Amherst, N.Y.: Prometheus Books 2011).    [BOOK]
  • David D. Cole, The Torture Memos: The Case Against the Lawyers, in Securing Liberty: Debating Issues of Terrorism and Democratic Values in the Post-9/11 United States 127-143 (David D. Cole ed., New York: International Debate Education Association 2011).    [BOOK]
  • David D. Cole, Outsourcing Torture: Extraordinary Rendition and the Necessity for Extraterritorial Protection of Human Rights, in Prisoners in War 281-296 (Sibylle Scheipers ed., New York: Oxford University Press 2010).    [BOOK]
  • David D. Cole, Respecting Civil Liberties and Preventing Executive Overreach Are Critical to Preserving America's Security and Its Ideals, in Debating Terrorism and Counterterrorism: Conflicting Perspectives on Causes, Contexts, and Responses 353-369 (Stuart Gottlieb ed., D.C.: CQ Press 2010).    [BOOK]
  • David D. Cole, "Strategies of the Weak": Thinking Globally and Acting Locally toward a Progressive Constitutional Vision, in The Constitution in 2020, at 297-312 (Jack M. Balkin & Reva B. Siegel eds., Oxford: Oxford University Press 2009).    [BOOK]
  • David D. Cole, Communists, Terrorists, or Just Arabs?: The Twenty-One Year Epic Deportation Struggle of the LA 8, in The Arab-American Handbook: A Guide to the Arab, Arab-American & Muslim Worlds (Nawar Shora & Ali Farzat eds., Seattle, Wash.: Cune Press 2009).    [BOOK]
  • David D. Cole, Introductory Commentary: Torture Law, in The Torture Memos: Rationalizing the Unthinkable 1-40 (David D. Cole ed., New York: The New Press 2009).    [BOOK]
  • David D. Cole, The Priority of Morality: The Emergency Constitution's Blind Spot, in Civil Rights and Security 115-162 (David Dyzenhaus ed., Burlington, VT: Ashgate 2009).   
  • David D. Cole, Foreword: Justice and the Outsider, in Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today ix-xii (David C. Brotherton & Philip Kretsedemas eds., New York: Columbia University Press 2008).    [BOOK]
  • David D. Cole, Human Rights and the Challenge of Terror, in Democratic Responses to Terrorism 157-168 (Leonard Weinberg ed., New York: Routledge 2008).    [BOOK]
  • David D. Cole, Terror Financing, Guilt by Association, and the Paradigm of Prevention in the "War on Terror", in Counterterrorism: Democracy's Challenge 233-250 (Andrea Bianchi & Alexis Keller eds., Oxford: Hart 2008).    [SSRN] [Gtown Law]
  • David D. Cole, National Security State, in Applying Ethics: A Text with Readings (Jeffrey Olen, Julie C. Van Camp & Vincent Barry eds., Detroit, Mich.: Cengage Learning 9th ed. 2007).   
  • David D. Cole, What Bush Wants to Hear, in Liberty Under Attack: Reclaiming Our Freedom in an Age of Terror (Richard C. Leone & Greg Anrig, Jr. eds., New York: Public Affairs 2007).   
  • David D. Cole, Gideon v. Wainwright and Strickland v. Washington: Broken Promises, in Criminal Procedure Stories 101-128 (Carol S. Steiker & Pamela S. Karlan eds., New York: Foundation Press 2006).    [BOOK]
  • David Cole, The Idea of Humanity: Human Rights and Immigrants' Rights, in Human Rights at the Center [Les Droits de l'Homme au Centre] 275-301 (Franz Werro, Samantha Besson & Michel Hottelier eds., Zurich, Switz.: Schulthess 2006).    [BOOK]
  • David D. Cole, Criminalizing Speech: The Material Support Provision, in Patriot Debates: Experts Debate the USA PATRIOT Act 144-149, 154-155 (Stewart A. Baker & John Kavanagh eds., Chicago: American Bar Association 2005).    [BOOK]
  • David D. Cole, Imaginary Walls and Unnecessary Fixes, in Patriot Debates: Experts Debate the USA PATRIOT Act 71-76, 78-79 (Stewart A. Baker & John Kavanagh eds., Chicago: American Bar Association 2005).    [BOOK]
  • David D. Cole, The New McCarthyism: Repeating History in the War on Terrorism, in Dissent in Dangerous Times 111-145 (Austin Sarat ed., Ann Arbor, Mich.: University of Michigan Press 2005).    [BOOK]
  • David D. Cole, Foreword, in Jurors' Stories of Death: How America's Death Penalty Invests in Inequality ix (Benjamin Fleury-Steiner ed., Ann Arbor, Mich.: University of Michigan Press 2004).    [BOOK]
  • David D. Cole, Terrorism and the Rule of Law: Maintaining Security and Liberty, in What We Stand For: A Program for Progressive Patriotism 167-182 (Mark Green ed., New York: Newmarket Press 2004).   
  • David D. Cole, What's a Progressive to Do? Strategies for Social Reform in a Hostile Political Climate, in Varieties of Progressivism in America 107-143 (Peter Berkowitz ed., Stanford, Cal.: Hoover Institution Press 2004).   
  • David D. Cole, The Ashcroft Raids, in It's a Free Country: Personal Freedom in America After September 11, 13-19 (Danny Goldberg, Victor Goldberg & Robert Greenwald eds., New York: Thunder's Mouth Press/Nation Books 2003).    [BOOK]
  • David D. Cole, The Course of Least Resistance: Repeating History in the War on Terrorism, in Lost Liberties: Ashcroft and the Assault on Personal Freedom 13-32 (Cynthia Brown ed., New York: New Press 2003).    [BOOK]
  • David D. Cole, Let's Fight Terrorism, Not the Constitution, in Rights vs. Public Safety After 9/11: America in the Age of Terrorism 35-42 (Amitai Etzioni & Jason H. Marsh eds., Lanham, Md.: Rowman & Littlefield 2003).    [BOOK]
  • David D. Cole, Foreword: Discretion and Discrimination Reconsidered: A Response to the New Criminal Justice Scholarship, in A Reader on Race, Civil Rights, and American Law: A Multiracial Approach 458-463 (Timothy Davis, Kevin R. Johnson & George A. Martinez eds., Durham, N.C.: Carolina Academic Press 2001).    [BOOK]
  • David D. Cole, Terrorism Control and the Constitution, Entry, in 6 Encyclopedia of the American Constitution 2674 (Leonard W. Levy, Kenneth L. Karst & Adam Winkler eds., New York: Macmillan Reference USA 2d ed. 2000).    [BOOK]

U.S. Supreme Court Briefs

  • Respondents' Supplemental Brief, Jennings v. Rodriguez, No. 15-1204 (U.S. Jan. 31, 2017).   
  • Respondents' Supplemental Reply Brief, Jennings v. Rodriguez, No. 15-1204 (U.S. Feb. 21, 2017).   
  • Brief of the American Civil Liberties Union, American Immigration Council, National Immigration Project of the National Lawyers Guild, National Police Accountability Project, and Northwest Immigrant Rights Project as Amici Curiae in Support of Respondents, Ziglar v. Abbasi, Nos. 15-1358, 15-1359, 15-1363 (U.S. Dec. 27, 2016).   

Congressional Testimony

  • Attorney General Nomination: Hearing Before the S. Comm. on the Judiciary, 115th Cong., Jan. 11, 2017 (Statement of David D. Cole) (CIS No.: Pending).    [WWW]
  • Examining Recommendations To Reform FISA Authorities: Hearing Before the H. Comm. on the Judiciary, 113th Cong., Feb. 4, 2014 (Statement of David D. Cole) (CIS-No.: 2014-H521-19).   
  • Rendition to Torture: The Case of Maher Arar: Hearing Before the H. Comm. on Foreign Aff.,, 110th Cong., Oct. 18, 2007 (Statement of David D. Cole) (CIS-Nos.: 2008-H381-1 & 2008-H521-3).    [Gtown Law]
  • Alien Gang Removal Act of 2005: Hearing Before the H. Comm. on the Judiciary, 109th Cong., June 28, 2005 (Statement of David D. Cole) (CIS-No.:2005-H521-63.1).    [Gtown Law]
  • Oversight of the USA Patriot Act: Hearing Before the S. Comm. on the Judiciary, 109th Cong., Apr. 5, May 10, 2005 (Statement of David D. Cole) (CIS-NO.: 2001-S521-6.3).    [Gtown Law]
  • Aiding Terrorists: Hearing Before the S. Comm. on the Judiciary, 108th Cong., May 5, 2004 (Statement of David D. Cole) (CIS-No.: 2008-S521-31).    [Gtown Law]
  • Protecting Constitutional Freedoms in the Face of Terrorism: Hearing Before the S. Comm. on the Judiciary, 107th Cong., Oct. 3, 2001 (Statement of David D. Cole) (CIS-No.: 2001-S521-47.1).    [Gtown Law]
  • Secret Evidence Repeal Act of 1999, Part 1: Hearing Before the H. Comm. on the Judiciary, 106th Cong., Feb. 10, 2000 (Statement of David D. Cole) (CIS-No.: 2000-H521-125.3).    [Gtown Law]
  • Secret Evidence Repeal Act of 1999, Part 2: Hearing Before the H. Comm. on the Judiciary, 106th Cong., May 23, 2000 (Statement of David D. Cole) (CIS-No.: 2000-H521-126.3).    [Gtown Law]
  • Abuse of Taxpayer Funds To Subsidize Lobbying and Political Activity: Hearing Before the H. Comm. on Gov't Reform, 104th Cong., Aug. 2, 1995 (Statement of David D. Cole) (CIS-No.: 97-H401-87).   
  • Counterterrorism Legislation: Hearing Before the S. Comm. on the Judiciary, 104th Cong., May 4, 1995 (Statement of David D. Cole) (CIS-No.: 97-S521-22).   
  • Abortion Clinic Violence: Hearing Before the H. Comm. on the Judiciary, 103d Cong., Apr. 1, June 10, 1993 (Statement of David D. Cole) (CIS-No.: 94-H521-26).   

Selected Contributions to Other Publications

  • David D. Cole, Trump Is Violating the Constitution, N.Y. Rev. Books, Feb. 23, 2017, at 4-6.   
  • David D. Cole, Trump's Travel Bans—Look Beyond the Test, N.Y. Rev. Books, May 11, 2017, at 4-6.   
  • David D. Cole, Why Free Speech Is Not Enough, N.Y. Rev. Books, Mar. 23, 2017, at 34-35 (reviewing Laura Weinrib, The Taming of Free Speech: America's Civil Liberties Compromise (2016) & Sam Lebovic, Free Speech and Unfree News: The Paradox of Press Freedom in America (2016)).   
  • David D. Cole, How Voting Rights Are Being Rigged, N.Y. Rev. Books, Oct. 27, 2016, at 26-28 (reviewing Ari Berman, Give Us The Ballot: The Modern Struggle for Voting Rights in America (2015) & Zachary Roth, The Great Suppression: Voting Rights, Corporate Cash, and the Conservative Assault on Democracy (2016)).   
  • David D. Cole, Race & Renaming: A Talk with Peter Salovey, President of Yale, N.Y. Rev. Books, June 9, 2016, at 42-44.   
  • David D. Cole, The Cops and Race and Gangs—and Murder, N.Y. Rev. Books, Apr. 7, 2016, at 42-44 (reviewing Ray Kelly, Vigilance: My Life Serving America and Protecting Its Empire City (2015), Joe Domanick, Blue: The LAPD and the Battle to Redeem American Policing (2015) & Jill Leovy, Ghettoside: A True Story of Murder in America (2015)).   
  • David D. Cole, The Terror of Our Guns, N.Y. Rev. Books, July 14, 2016, at 28-30 (reviewing Pamela Haag, The Gunning of America: Business and the Making of American Gun Culture (2016), Robert J. Spitzer, Guns Across America: Reconciling Gun Rules and Rights (2015) & Firmin DeBrabander, Do Guns Make Us Free?: Democracy and the Armed Society (2015)).   
  • David D. Cole, The Trouble at Yale, N.Y. Rev. Books, Jan. 14, 2016, at 4-8.   
  • David D. Cole, The Drone Presidency, N.Y. Rev. Books, Aug. 18, 2016, at 19-22 (reviewing Hugh Gusterson, Drone: Remote Control Warfare (2016), Jeremy Scahill & the staff of The Intercept, The Assassination Complex: Inside the Government's Secret Drone Warfare Program (2016), Drones and the Future of Armed Conflict: Ethical, Legal, and Strategic Implications (David Cortright, Rachel Fairhurst & Kristen Wall eds., 2015) & Drone Wars: Transforming Conflict, Law, & Policy (Peter L. Bergen & Daniel Rothenberg eds., 2015)).   
  • David D. Cole, What James Comey Did, N.Y. Rev. Books, Dec. 8, 2016, at 4.   
  • David D. Cole, Can They Crush Obamacare?, N.Y. Rev. Books, Mar. 19, 2015, at 14-15.   
  • David D. Cole, Free Speech, Big Money, Bad Elections, N.Y. Rev. Books, Nov. 5, 2015, at 24-26 (reviewing Burt Neuborne, Madison's Music: On Reading the First Amendment (2015)).   
  • David D. Cole, Must Counterterrorism Cancel Democracy?, N.Y. Rev. Books, Jan. 8, 2015, at 26-28.   
  • David D. Cole, The Angry New Frontier: Gay Rights vs. Religious Liberty, N.Y. Rev. Books, May 7, 2015, at 34-35.   
  • David D. Cole, The Roberts Court's Greatest Hits?, The Nation, Oct. 12, 2015, at 32-33.   
  • David D. Cole, Can Privacy be Saved?, N.Y. Rev. Books, Mar. 6, 2014, at 23-24 (reviewing Liberty and Security in a Changing World: Report and Recommendations of the President's Review Group on Intelligence and Communications Technologies (Dec. 12, 2013); President Barack Obama, Remarks by the President on Review of Signals Intelligence (Jan. 17, 2014); Privacy & Civil Liberties Oversight Bd., Report on the Telephone Records Program Conducted Under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court (Jan. 23, 2014)).   
  • David D. Cole, Can the NSA be Controlled?, N.Y. Rev. Books, June 19, 2014, at 16-17 (reviewing The USA Freedom Act, H.R. 3361, 113th Cong. (as passed by the House, May 22, 2014)).   
  • David D. Cole, How Corrupt Are Our Politics?, N.Y. Rev. Books, Sept. 25, 2014, at 45-48 (reviewing Zephyr Teachout, Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United (2014)).   
  • David D. Cole, How Religious Rights Can Challenge the Common Good, N.Y. Rev. Books, May 8, 2014, at 49-50.   
  • David D. Cole, The Anti-Court Court, N.Y. Rev. Books, Aug. 14, 2014, at 10-14 (reviewing Laurence Tribe & Joshua Matz, Uncertain Justice: The Roberts Court and the Constitution (2014); Mark Tushnet, In the Balance: Law and Politics on the Roberts Court (2013) & Bruce Allen Murphy, Scalia: A Court of One (2014)).   
  • David D. Cole, The Disgrace of Our Criminal Justice, N.Y. Rev. Books, Dec. 4, 2014, at 40-42 (reviewing Bryan Stevenson, Just Mercy: A Story of Justice and Redemption (2014), Comm. on the Causes & Consequences of High Rates of Incarceration, Nat'l Research Council, The Growth of Incarceration in the United States: Exploring Causes and Consequences (Jeremy Travis, Bruce Western & Steve Redburn eds., 2014) & Jonathan Simon, Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America (2014)).   
  • David D. Cole, The Three Leakers and What To Do About Them, N.Y. Rev. Books, Feb. 6, 2014, at 7-9 (reviewing Rahul Sagar, Secrets and Leaks: The Dilemma of State Secrecy (2013) & James C. Goodale, Fighting for the Press: The Inside Story of the Pentagon Papers and Other Battles (2013)) (adapted in 8 J. Nat'l Security L. & Pol'y 107-118 (2015) & What Should We Do About the Leakers?, in After Snowden: Privacy, Secrecy, and Security in the Information Age 122-140 (Ronald Goldfarb ed., New York: Thomas Dunne Books 2015)).   
  • David D. Cole, 2013 Eur. Hum. Rts. L. Rev. 660-663 (reviewing Conor Gearty, Liberty and Security (2013)).    [SSRN] [Gtown Law]
  • David D. Cole, 13 Questions for John O. Brennan, N.Y. Rev. Books, Feb. 21, 2013, at 8,10.   
  • David D. Cole, Equality and the Roberts Court: Four Decisions, N.Y. Rev. Books, Aug. 15, 2013, at 28-30 (reviewing United States v. Windsor, 570 U.S. __ (2013), Hollingsworth v. Perry, 570 U.S. __ (2013), Shelby Cnty. v. Holder, 570 U.S. __ (2013) & Fisher v. Univ. of Texas at Austin, 570 U.S. __ (2013)).   
  • David D. Cole, Facing the Real Gun Problem, N.Y. Rev. Books, June 20, 2013, at 12-16 (reviewing Joe Nocera, The Gun Report, http://nocera.blogs.nytimes.com/; Tom Diaz, The Last Gun: How Changes in the Gun Industry Are Killing Americans and What It Will Take To Stop It (2013); and Dan Baum, Gun Guys: A Road Trip (2013)).   
  • David D. Cole, Getting Nearer and Nearer, N.Y. Rev. Books, Jan. 10, 2013, at 27-29 (reviewing Michael J. Klarman, From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (2013)).   
  • David D. Cole, How To Uphold Racial Injustice, N.Y. Rev. Books, Dec. 5, 2013, at 54.   
  • David D. Cole, On Anthony Lewis (1927-2013), N.Y. Rev. Books, May 9, 2013, at 4-6.   
  • David D. Cole, Should We Discard the Constitution?, N.Y. Rev. Books, Jul. 11, 2013, at 51-53 (reviewing Louis Michael Seidman, On Constitutional Disobedience (2013)).   
  • David D. Cole, Syria: The New Turn, N.Y. Rev. Books, Oct. 24, 2013, at 16.   
  • David D. Cole, The End of the War on Terror?, N.Y. Rev. Books, Nov. 7, 2013, at 59-61 (reviewing President Barack Obama, Remarks by the President at the National Defense University (May 23, 2013), Joseph Margulies, What Changed When Everything Changed: 9/11 and the Making of National Identity (2013) & The Constitution Project, Report of the Constitution Project’s Task Force on Detainee Treatment (2013)).   
  • David D. Cole, The Roberts Court vs. Voting Rights, N.Y. Rev. Books, Apr. 4, 2013, at 62-63.   
  • David D. Cole, Are We Stuck with the Imperial Presidency?, N.Y. Rev. Books, June 7, 2012, at 62-64 (reviewing Eric A. Posner & Adrian Vermeule, The Executive Unbound: After the Madisonian Republic (2010)).   
  • David D. Cole, Obama and Terror: The Hovering Questions, N.Y. Rev. Books, July 12, 2012, at 32-44 (reviewing Daniel Klaidman, Kill or Capture: The War on Terror and the Soul of the Obama Presidency (2012) & Jack Goldsmith, Power and Constraint: The Accountable Presidency After 9/11 (2012)).   
  • David D. Cole, Our Romance with Guns, N.Y. Rev. Books, Sept. 27, 2012, at 48-51 (reviewing Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America (2011), Franklin E. Zimring, The City that Became Safe: New York's Lessons for Urban Crime and Its Control (2012) & David M. Kennedy, Don't Shoot: One Man, a Street Fellowship, and the End of Violence in Inner-City America (2011)).   
  • David D. Cole, Defending Healthcare, The Nation, Mar. 26, 2012, at 5-6.   
  • David D. Cole, The Gay Path Through the Courts, N.Y. Rev. Books, Apr. 5, 2012, at 34-36 (reviewing Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. Texas (2012)).   
  • David D. Cole, After September 11: What We Still Don’t Know, N.Y. Rev. Books, Sept. 29, 2011.    [WWW]
  • David D. Cole, Is Health Care Reform Unconstitutional?, N.Y. Rev. Books, Feb. 24, 2011, at 9.    [Gtown Law] [WWW]
  • David D. Cole, Keeping Watch on the Detectives, N.Y. Rev. Books, Dec. 22, 2011, at 73-77 (reviewing Simon Chesterman, One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty (2011); Daniel J. Solove, Nothing to Hide: The False Tradeoff Between Privacy and Security (2011); David K. Shipler, The Rights of the People: How Our Search for Safety Invades Our Liberties (2011)).    [WWW]
  • David D. Cole, Killing Our Citizens Without Trial, N.Y. Rev. Books, Nov. 24, 2011.    [WWW]
  • David D. Cole, Thirty-Five States to Go, London Rev. Books, Mar. 3, 2011, at 15-16 (reviewing David Garland, Peculiar Institution: America's Death Penalty in an Age of Abolition (2010)).   
  • David D. Cole, George W. Bush: Torturer-in-Chief, The Nation, Nov. 29, 2010, at 4-6.    [WWW]
  • David D. Cole, Getting Away with Torture, N.Y. Rev. Books, Jan. 14, 2010, at 39-42.    [WWW]
  • David D. Cole, Hope and Betrayal on Death Row, N.Y. Rev. Books, Nov. 25, 2010, at 31-33 (reviewing David R. Dow, Autobiography of an Execution (2010); Wilbert Rideau, In the Place of Justice (2010)).    [Gtown Law] [WWW]
  • David D. Cole, The Roberts Court vs. Free Speech, N.Y. Rev. Books, Aug. 19, 2010, at 80-81 (reviewing Holder v. Humanitarian Law Project, 561 U.S. __ (2010)).    [Gtown Law] [WWW]
  • David D. Cole, They Did Authorize Torture, But..., N.Y. Rev. Books, Apr. 8, 2010, at 42-43 (reviewing Office of Prof'l Responsibility, Dep't of Justice, Investigation into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of 'Enhanced Interrogation Techniques' on Suspected Terrorists (2009); Memorandum from David Margolis, Deputy Att'y Gen., U.S. Dep't of Justice to the Att'y Gen. (Jan. 5, 2010)).    [Gtown Law] [WWW]
  • David D. Cole, What To Do About Guantánamo?, N.Y. Rev. Books, Oct. 14, 2010, at 48-50 (reviewing The Guantánamo Lawyers: Inside a Prison Outside the Law (Mark P. Denbeaux & Jonathan Hafetz eds., 2009); Charles Fried & Gregory Fried, Because It Is Wrong: Torture, Privacy and Presidential Power and the Age of Terror (2010); The Guantánamo Review Task Force Final Report (2010)).    [WWW]
  • David D. Cole, License to Kill?, The Nation, May 3, 2010, at 4, 6.   
  • David D. Cole, Torture Lawyers on Trial?, The Nation, Mar. 1, 2010, at 6-7.    [WWW]
  • David D. Cole, American Justice on Trial, The Nation, Dec. 7, 2009, at 4, 6.    [WWW]
  • David D. Cole, Bush Law Continued, The Nation, Apr. 6, 2009, at 8.    [WWW]
  • David D. Cole, Bush's Lingering Blacklist, The Nation, May 11, 2009, at 7-8.    [WWW]
  • David D. Cole, Hold Ashcroft Accountable, The Nation, Oct. 5, 2009, at 6, 8.    [WWW]
  • David D. Cole, Radical Aliens, London Rev. Books, Oct. 22, 2009, at 26-27 (reviewing Moshik Temkin, The Sacco-Vanzetti Affair: America on Trial (2009)).   
  • David D. Cole, Truth and Consequences: The Case for a Commission on Torture, America, Aug. 3, 2009, at 13-14.    [W]
  • David D. Cole, The Brits Do It Better, N.Y. Rev. Books, June 12, 2008, at 68 (reviewing Laura K. Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty (2008) & David Bonner, Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? (2007)) (adapted in English Lessons: A Comparative Analysis of UK and US Responses to Terrorism, 62 Current Legal Probs. 136-167 (2009)).   
  • David D. Cole, The Torture Veto, The Nation, Mar. 31, 2008, at 4.    [WWW]
  • David D. Cole, A Blow Against Gitmo, The Nation, July 7, 2008, at 4.    [WWW]
  • David D. Cole, Double Standards, Democracy, and Human Rights, 18 Peace Rev. 427-437 (2006).    [W]
  • David D. Cole, Constitutional Crisis?, Dissent, Fall 2004, at 9-10.   
  • David D. Cole, Terrorizing Immigrants in the Name of Fighting Terrorism, Hum. Rts., Winter 2002, at 11-13.    [HEIN] [W]
  • David D. Cole, Their Liberties, Our Security: Democracy and Double Standards, Boston Rev., Dec. 2002/Jan. 2003, at 4-10.    [WWW]
  • David D. Cole, Secret Trials, Hum. Rts., Winter 2001, at 8-9.    [HEIN] [W]
Recent scholarship

In the News

"Resistance Builds to Proposed Israeli Boycott Bill," coverage by the Huffington Post, August 2, 2017, quoting Professor David Cole.

"Resistance Builds to Proposed Israeli Boycott Bill," coverage by The Progressive, August 1, 2017, quoting Professor David D. Cole.

"What Happens if Trump Fires Mueller?" coverage by U.S. News & World Report, July 24, 2017, quoting Professors David Cole and Susan Bloch. 

"Where Is The ‘Justice’ In Sessions’ DOJ?," coverage by the Huffington Post, June 13, 2017, quoting Professor David Cole.

"Will Comey’s Testimony Matter?," coverage by Politco, June 8, 2017, remarks by Professor David Cole and Adjunct Professor Carrie Cordero.

View all News

All News

"Resistance Builds to Proposed Israeli Boycott Bill," coverage by the Huffington Post, August 2, 2017, quoting Professor David Cole.

"Resistance Builds to Proposed Israeli Boycott Bill," coverage by The Progressive, August 1, 2017, quoting Professor David D. Cole.

"What Happens if Trump Fires Mueller?" coverage by U.S. News & World Report, July 24, 2017, quoting Professors David Cole and Susan Bloch. 

"Where Is The ‘Justice’ In Sessions’ DOJ?," coverage by the Huffington Post, June 13, 2017, quoting Professor David Cole.

"Will Comey’s Testimony Matter?," coverage by Politco, June 8, 2017, remarks by Professor David Cole and Adjunct Professor Carrie Cordero.

"ACLU Legal Director Speaks to Students," coverage in The Chicago Maroon, June 7, 2017, featuring Professor David Cole.

"Trump’s tweets, interviews could cost him executive privilege," coverage by ThinkProgress, May 15, 2017, quoting Professor David Cole.

"Trump’s firing of FBI director could be an impeachable offense, constitutional law experts say," coverage by ThinkProgress, May 10, 2017, quoting Professor David D. Cole.

"Is This a Constitutional Crisis?," coverage in Politico Magazine, May 9, 2017, quoting Honorable George J. Mitchell Professor in Law David J. Cole, National Legal Director of the ACLU.

"Rising Stars 2017: Advocates," coverage by Roll Call (Wash., D.C.), April 21, 2017, featuring Professor David Cole.

"Litigation Gets Bad Rap, UConn Law Prof Argues," coverage by Connecticut Law Tribune, April 20, 2017, quoting Professor David Cole.

"Citizen Activism and the Courts," The American Prospect, April 10, 2017, a review of Professor David Cole's book, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law.

"Remembering Robert Silvers: An Interview from the Archives," coverage by Los Angeles Review of Books, March 22, 2017, mentioning Professor David Cole.

"ACLU Lawyer Sits At Heart Of Legal Resistance To Trump Agenda," coverage by NPR All Things Considered, March 13, 2017, featuring Professor David Cole.

"How We the People Failed America and the World – And How We Can Make It Right," coverage in Muftah, Feburary 24, 2017, quoting from a piece by Professor David Cole.

"How the ACLU Plans to Fight Trump," coverage by Politico, February 22, 2017, mentioning Professor David Cole.

"Trump's Slow-Motion Mutiny," coverage by The Daily Beast, February 18, 2017, quoting Professors Rosa Brooks and David Cole.

"How opponents may challenge Trump's order in court," coverage by LocalSyr.com, February 16, 2017, quoting Professor David Cole, national legal director of the ACLU.

"ACLU director speaks at Gould about civil liberties," coverage by the Daily Trojan, February 9, 2017, featuring a speech by Professor David Cole.

"Is President Donald Trump’s immigration ban an abuse of his power?," coverage in The Globe and Mail, January 31, 2017, featuring Professor David Cole.

"Is Trump’s Immigration Ban Legal? We Survey The Smartest Legal Experts," coverage in LawNewz, Janaury 30, 2017, featuring Professor David Cole.

“This ACLU Lawyer Is Leading the Legal Fight Against Trump’s Muslim Ban”, coverage in the Washingtonian on January 30, 2017, featuring Professor David Cole.

"How opponents may challenge Trump's order in court," coverage on CNN, January 29, 2017, featuring Professor David Cole.

"David Cole," coverage in the Washingtonian, January 26, 2017, featuring Professor David Cole.

"Past abuse of power a concern about Sessions as AG," coverage on MSNBC, January 11, 2017, featuring an interview with Professor David Cole

"Courts could be a firewall if Trump seeks to expand presidential powers," coverage by the Bozeman Daily Chronicle (Mont.), December 21, 2016, quoting Professor David Cole.

"What happens if Trump tries to abuse his power? Look to the court system," coverage in the Los Angeles Times, December 21, 2016, quoting Professor David Cole.

"David Keene: Gun-rights parameters in their infancy," coverage in The Spokesman-Review, December 17, 2016, referencing Professor David Cole's book Engines of Liberty.

"FAN 135.1 (First Amendment News) First Amendment Salon: Jess Bravin Interviews ACLU’s David Cole," a podcast and video interview on Concurring Opinions, December 15, 2016, with Professor David Cole.

"Comey’s misadventure was careless and reckless," coverage by The National, December 13, 2016, quoting Professor David Cole.

"Bill of Rights at 225: Heller ruling just a start on gun rights," coverage by The Philadelphia Inquirer, December 12, 2016, quoting from Professor David Cole's book, Engines of Liberty.

"FBI Director James Comey wrongly influenced Clinton-Trump election. Let's keep that from happening again," an opinion piece by Professor David Cole, in Cleveland.com, December 6, 2016.

"Most Americans Think Trump’s Position On Flag Burning Goes Too Far," coverage in The Huffington Post, December 1, 2016, featuring Professor David Cole.

"Flag-burning is legal because of this man and a Texas court case," coverage in The Houston Chronicle, November 29, 2016, featuring Professor David Cole.

"Trump attacks flag-burning, legalized after a 1984 arrest in Texas," coverage in the Houston Chronicle, November 29, 2016, featuring Professor David Cole.

"Trump Calls for Revoking Flag Burners’ Citizenship. Court Rulings Forbid It," coverage in The New York Times, November 29, 2016, featuring Professor David Cole.

"Donald Trump and the US legal landscape," coverage by Radio National, November 15, 2016, a conversation with Professor David Cole.

"ACLU Raises Record $7.2 Million In Wake Of Donald Trump’s Election," coverage by The Huffington Post, Nov. 14, 2016, quoting Professor David Cole.

"Meet the woman who spends 260 days a year preaching the Constitution," coverage in The Washington Post, November 6, 2016, quoting Professor David Cole.

"White Men Vs. Black Men Prison Statistics 2016: Why Are More African American Males Incarcerated?," coverage in  the International Business Times, October 5, 2016, featuring Professor David Cole.

"When the U.S. Government Rounded Up Thousands of Russians," coverage in OZY, October 5, 2016, featuring Professor David Cole.

"SCOTUS Term That Starts Off Slow Could End With a Bang," coverage in Law.com, September 30, 2016, featuring Professor David Cole.

"Beyond the burkini: Muslim women and the global war on terror," coverage by The Hill, September 16, 2016, quoting Professor David Cole.

"Decision to throw out criminal charges against cop in Sureshbhai Patel case leaves the foul odor of judicial incompetence, juror racism, and flaming injustict," coverage in Legal Schnauzer, August 26, 2016, quoting from Professor David Cole's law review article.

"Supreme Court Is Fodder for Late-Summer Reading," coverage by Law.com, August 23, 2016, mentioning Professor David Cole's book, "Engines of Liberty."

"The Forgotten Government Plan to Round Up Muslims," coverage in Politico Magazine, August 19, 2016, quoting Professor David Cole.

"First Amendment Battle Looms Over Baltimore Police Honcho Suspended For Calling BLM Thugs," coverage in The Daily Caller, August 17, 2016, quoting Professor David Cole.

"Trump’s ‘Ideology Test’ Could Bring Back a Hated McCarthy-era Law," coverage in Foreign Policy, August 17, 2016, quoting Professor David Cole.

"GULC Professor Named ACLU’s National Legal Director," coverage in The Hoya, August 14, 2016, featuring Professor David Cole.

"ACLU Appoints Georgetown Prof to Head Up Legal Division," coverage in Bloomberg Big Law Business, July 21, 2016, featuring Professor David Cole's appointment as ACLU's national legal director.

"ACLU Names Georgetown Law Prof David Cole as New Legal Director," coverage in National Law Journal, July 21, 2016, featuring Professor David Cole.

"Ruth Bader Ginsburg says her “impossible dream” is for Citizens United to be overturned," coverage in Vox, July 11, 2016, featuring Professor David Cole.

“After Dallas,” a piece by Professor David Cole, The New York Review of Books (NYR Daily), July 8, 2016. 

 "Why Hasn't Obama's Clemency Initiative Helped More Nonviolent Drug Offenders?" a piece in The New Yorker by Professor David Cole, July 4, 2016.

"Police Injustice: How the Court Fails," a piece by Professor David Cole in the New York Review of Books, July 2, 2016.

"Bloomberg Law Brief: Left-Leaning Kennedy Shifts Court (Audio)," coverage in Bloomberg, July 1, 2016, featuring Professor David Cole.

"Point Austin: Congratulations on the Struggle," coverage in the The Austin Chronicle, July 1, 2016, quoting Professor David Cole.

"Philanthropy in a Time of Turmoil: 3 Cheers for the Establishment," coverage in The Chronicle of Philanthropy, June 28, 2016, quoting Professor David Cole.

"Justice Kennedy’s surprisingly open mind," an opinion piece by Professor David Cole, in The Washington Post, June 27, 2016. This story is replicated in The Denver Post.

What Do This Season’s Political Books Tell Us About the Election?,” a review in The New York Times, June 20, 2016, of Professor David Cole’s book Engines of Liberty.

SCOTUS has unequivocally held that any grounds may be used for immigration bans,” coverage in the American Thinker, June 19, 2016, quoting from Professor David Cole’s law review article.

‘Gunshine State’ redefined our notion of right to bear arms,” a piece by Professor David Cole, in the San Francisco Gate, June 17, 2016.

"Gay Muslim on the Orlando Shooting – June 13, 2016," coverage in 94.1 KPFA, June 13, 2016, featuring Professor David Cole.

Iraq: Abu Ghraib victims fight for US justice,” coverage in Al Jazeera, May 12, 2016, quoting from a piece by Professor David Cole published in The Nation.

The New York Times, May 11, 2016, quotes Professor David Cole on the passing of civil liberties lawyer Michael Ratner.

Will These 2 Court Cases Finally Hold Our Torturers Accountable?,” a piece by Professor David Cole in The Nation, May 10, 2016.

"Hindsight: Reflections On Fifteen Years of the War on Terror," coverage by Lawfare, May 3, 2016, featuring David Cole.

"Author: Campaign Finance Activists Should Take Notes From Marriage Equality, Gun Rights Movements," coverage on Wisconsin Public Radio, April 13, 2016, featuring Professor David Cole.

"The next Supreme Court pick matters less than you think," a piece by Professor David D. Cole, in The Washington Post, April 3, 2016.

Who leads constitutional change: Community advocates or the Supreme Court?,” a review in The Washington Post, April 1, 2016, of Professor David Cole’s book Engines of Liberty.

 "How to reverse Citizens United: What campaign-finance reformers can learn from the NRA," a piece in the April 2016 issue of The Atlantic, written by Professor David Cole.

 "Engines of Liberty: How Civil Society Helped Restore Constitutional Rights in the Aftermath of 9/11," a piece by Professor David Cole, Just Security, March 28, 2016.

 "What's Obscured by the Fight Over Merrick Garland," a piece in The Nation, March 22, 2016, by Professor David Cole.

 "Books in the Law," a review of Professor David Cole's book Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law, appeared in Washington Lawyer in March. 

 "What Liberals Can Learn From the NRA," an op-ed in the New York Times, March 11, 2016, by Professor David Cole.

 "Killing from the Conference Room," a piece in the NYR Daily (New York Review of Books), March 10, 2016, by Professor David Cole.

"Obama’s Most Dangerous Legacy," an opinion piece by Professor David Cole, in The New York Review of Books, February 24, 2016, featuring Professor Rosa Brooks.
 

"Racism chiseled on our walls -- and the fight to erase it," coverage on CNN, February 15, 2016, mentioning Professor David Cole.

Next POTUS will reshape Supreme Court,” an opinion piece in the Newnan Times-Herald (GA), February 2, 2016, quoting Professor David Cole.

"Racial conflict in US universities and the challenge to freedom of speech," Australian Financial Review, January 20, 2016, an opinion piece by Professor David Cole

"Law Future of Public Sector Unions at Stake in Supreme Court Case," coverage by NBC News, January 11, 2016, quoting Professor David Cole. For more on this story, see WMTV.

Still Halloween at Yale,” coverage by Accuracy in Academia, January 5, 2016, quoting Professor David Cole.

"Race Matters at the Supreme Court," an opinion piece in The New York Review of Books, December 8, 2015, by Professor David Cole.

Is Donald Trump Playing on Voters' Fears With Muslim Ban Comments?," coverage by NBC Nightly News, December 8, 2015, interview with Professor David Cole.

"After Paris, Debate Grows Over Security And Liberty," coverage by WBUR (Boston's NPR station), November 17, 2015, interviewing Professor David Cole.

Undoing the damage of mass incarceration,” coverage in the Boston Globe, November 4, 2015, quoting Professor David Cole.

Next president will name as many as four Supreme Court justices,” coverage by Boston Herald, Oct. 5, 2015, quoting Professor David Cole.

"Special Report: How a 5-minute phone call put 9/11 trial on hold for more than a year," coverage in Reuters, October 2, 2015, featuring Professor David Cole.

"US supreme court: conservatives set to retake reins after year of liberal wins," coverage in The Guardian (UK), September 29, 2015, quoting Professor David Cole.

"Supreme Court to Consider Thorny Constitutional Law Questions," coverage in the Epoch Times, Septmber 28, 2015, featuring Professors David Cole and Martin Lederman and alumna Erin Murphy, L'06.  

"Us and them: does overreacting to terrorism play into the enemy's hands?," ABC Online, August 3, 2015, quoting Professor David Cole.

"Top U.S. official wants tech companies to be liable for hosting terrorist content," coverage in The Daily Dot, July 24, 2015, featuring Professor David Cole.

"When is Freedom of Speech Irresponsible?," a book review by Professor David Cole in the Washington Post, July 2, 2015.  

"The Roberts Court Tunes Into Democracy, For Once," an opinion piece in The Nation by Professor David Cole, July 2, 2015.  

"Justice Breyer Against the Death Penalty," a piece in The New Yorker by Professor David Cole, June 30, 2015.

"Has the Court Turned Left?," a piece by Professor David Cole in the New York Review of Books, June 29, 2015. 

"What Prisons Can Learn From Schools," The Marshall Project, June 25, 2015, quoting Professor David Cole.

"A Big Fuss Over the First Amendment," National Law Journal, June 22, 2015, quoting Professor David Cole.

"Supreme Court says states can block Confederate flag license plates," USA Today, June 18, 2015, quoting Professor David Cole.

First Amendment Rulings Stir Debate Over License Plates,” coverage by National Law Journal, June 18, 2015, quoting Hon. George J. Mitchell Professor in Law and Public Policy David Cole.

Senate votes to make torture even more illegal than it already is,” coverage by Washington Post, June 17, 2015, quoting Professor David D. Cole.

"Albert Woodfox’s Forty Years in Solitary Confinement," a piece in The New Yorker, June 16, 2015, by Professor David Cole.

Back from the dead: US officials to ask secret court to revive NSA surveillance,” coverage in The Guardian, June 3, 2015, quoting Professor David Cole.

"Reining in the NSA," a piece by Professor David Cole in the New York Review of Books, June 2, 2015.  

"How to Lock Up Fewer People," New York Times, May 23, 2015, an op-ed co-authored by Professor David Cole.

"NSA Ruling Is a Victory for Privacy," a piece by Professor David Cole in Time, May 7, 2015. He authored another piece in The Nation. 

"Hail to the Chief: More on Bill C-51," coverage in Guelph Mercury, April 15, 2015, featuring Professor David Cole.

"Targeted Killing: The New Questions," a piece by Professor David Cole in The New York Review of Books, April 14, 2015.

The Children of ISIS,” coverage in Rolling Stone, March 25, 2015, quoting Professor David D. Cole.

"Privacy 2.0: Surveillance in the Digital Age," a piece in The Nation, March 23, 2015, by Professor David Cole.

"Can They Crush Obamacare?," a piece by Professor David Cole, in The New York Review of Books, March 19, 2015. 

"Tories determined to pass Canadian version of Patriot Act," coverage in the Guelph Mercury, March 14, 2015, featuring Professor David Cole.

Torture report obscures bigger issue,” editorial in Virginia Pilot, March 11, 2015, quoting Professor David D. Cole.

Senate torture report: An exception in CIA oversight,” coverage in San Francisco Chronicle, March 9, 2015, mentioning Professor David D. Cole. Also covered in Arizona Daily Star.

"Did torture report give US government a free pass and dump too much on CIA?," coverage in Jerusalem Post, March 6, 2015, featuring Professor David Cole.

"“Corroded to its core”: Why the results of the Senate torture report are even worse than we thought," a piece by Professor David Cole in Salon, March 6, 2015.

"Torture: No One Said No," a piece by Professor David Cole in The New York Review of Books, March 5, 2015.

"Did the Torture Report Give the C.I.A. a Bum Rap?," an opinion piece by Professor David Cole in The New York Times, February 20, 2015.

Is US democracy in peril?,” coverage in The Daily Times, February 11, 2015, quoting Professor David D. Cole.

"Freedom is most important to people," coverage in The Garden Island, January 26, 2015, featuring Professor David Cole.

"Five years after Citizens United ruling, big money reigns," coverage in The Los Angeles Times, January 24, 2015, quoting Professor David Cole.

"The French are honoring the satirists of Charlie Hebdo by … prosecuting satirists," an opinion piece in The Washington Post, January 17, 2015, by Professor David Cole.

"Must Counterterrorism Cancel Democracy?," a piece by Professor David Cole in the New York Review of Books, January 8, 2015.

"Torture's Time for Accountability," coverage in Truth-Out, December 24, 2014, featuring Professor David Cole.

"Well-respected Federal Judge Says Privacy Is Overrated," coverage in The New American, December 15, 2014, featuring Professor David Cole.

"Brennan Draws on Bond With Obama in Backing C.I.A.," coverage in The New York Times, December 14, 2014, featuring Professor David Cole.

"If those techniques were approved, why did the CIA still lie about torture?," an opinion piece in The Washington Post by Professor David Cole, December 12, 2014.

"There may be reason for optimism following the CIA torture report," PRI, December 11, 2014, featuring Professor David Cole.

"Debate Over The Release And Contents Of The CIA Interrogation Report," The Diane Rehm Show, December 10, 2014, interviewing Professor David Cole.

"Six years later, political debate over CIA interrogations hasn’t gone away," Washington Post, December 9, 2014, quoting Professor David Cole.

"Taking Responsibility for Torture," an opinion piece in The New Yorker by Professor David Cole, December 9, 2014. 

"Judge: Give NSA unlimited access to digital data," coverage in PC World, December 5, 2014, featuring Professor David Cole.

"Judge: Give NSA unlimited access to digital data," coverage in Macworld, December 4, 2014, featuring Professor David Cole.

"Sanctions Against Kurdish Groups Complicate Humanitarian Effort," coverage in Foreign Policy, December 2, 2014, featuring Professor David Cole.

"A cosy pact with the spies is no substitute for the rule of law," coverage in Financial Times, November 7, 2014, quoting Professor David Cole.

"A Surprise from the Court on Gay Marriage," a piece by Professor David Cole in The New York Review of Books, October 6, 2014. Further coverage is in Newsworks.

"Gay Marriage and 6 Other Big Issues on Supreme Court Agenda," September 29, 2014, coverage on ABC News and multiple other news outlets such as the Boston Pilot and the Centre Daily Times, features Georgetown Law Professors David Cole and Neal Katyal, and Irv Gornstein, executive director of the Supreme Court Institute. 

"No Coward on Race," an opinion piece by Professor David Cole in The New Yorker, September 25, 2014. PRI's The World also quoted him on this topic.

"New York Police Beat Pregnant Woman," coverage on TeleSUR, September 24, 2014, featuring Professor David Cole.

"Advocates Waiting for Supreme Court Action on Marriage," coverage in The National Law Journal, September 24, 2014, featuring Irv Gornstein, executive director of the Supreme Court Institute and Professor David Cole.

 "Is the New War on Terror?: A War By Any Other Name," Politico, September 16, 2014, an article by Professor David Cole.

"The Color of Justice," an opinion piece by Professor David Cole, in The New Yorker, September 3, 2014.

 "The Anti-Court Court," a piece by Professor David Cole in the New York Review of Books, August 14, 2014. 

"Can Congress Rein In the Spies?," a post by Professor David Cole in the New York Review of Books blog, July 30, 2014.

"Torture is not a public relations problem," an opinion piece by Professor David Cole in The Washington Post's Post Everything, July 28, 2014.

"Terror Prosecutions and Muslim-Americans," an opinion piece in The New Yorker, July 23, 2014, by Professor David Cole.

"The One Supreme Court Decision We Can Celebrate," an editorial in The Nation, July 21, 2014, by Professor David Cole.

"Roberts’s Incremental Approach Frustrates Supreme Court Allies," New York Times, July 14, 2014, quoting Professor David Cole and Visiting Professor Irv Gornstein, executive director of the Supreme Court Institute.

"Treasury Lifts Sanctions on Ohio-Based Charity it Once Linked to Hamas," coverage in the WSJ's Risk & Compliance Journal, July 11, 2014, quoting Professor David Cole

"Supreme Court: It Could Have Been Worse," a post on the New York Review of Books blog, June 30, 2014, by Professor David Cole.

"Senate confirms David Barron to be federal judge," coverage in MSNBC, May 22, 2014, featuring Professor David Cole. Further coverage is in The Huffington Post.

"Please, Liberals: Don't Fall for Rand Paul's Latest Filibuster," coverage in The New Republic, May 19, 2014, featuring Professors David Cole and Martin Lederman.

"‘No Place to Hide’ by Glenn Greenwald, on the NSA’s sweeping efforts to ‘Know it All’," a book review in The Washington Post, May 13, 2014, by Professor David Cole. 

"‘We Kill People Based on Metadata’," a piece by Professor David Cole, May 10, 2014, in The New York Review of Books. It was also mentioned by ABC NEWS

 "Law Day examines war on terror," coverage in The Dartmouth, May 2, 2014, featuring Professor David Cole.

"Future of Human Rights," coverage by C-SPAN, Apr. 21, 2014, of the event, Lessons from the Past for the Future of Human Rights: A Conversation, featuring Professors Rosa Brooks and David Cole. Panelists included Supreme Court Justice Stephen Breyer.

"FP's Situation Report: Militants in Syria raise Western fears," coverage in Foreign Policy, March 26, 2014, quoting Professor David Cole.

"Thermal Imaging Gets More Common But The Courts Haven't Caught Up," coverage in Public Radio East, February 27, 2014, featuring Professor David Cole.

"NSA watchdog: Snowden should have come to me," coverage in Politico, February 25, 2014, featuring Professor David Cole.

"VA. Overturns Marriage Ban," coverage in The Hoya, February 21, 2014, features Professor David Cole.

"US Sen. Sanders to Talk Privacy in Vermont," coverage in The Washington Times, February 1, 2014, featuring Professor David Cole.

"Leak-stopping--or Leaker-saving?," Huffington Post, January 24, 2014, featuring Professor David Cole.

"A Dangerous Mind,"coverage in New York Magazine, January 12, 2014, featuring Professor David Cole.

"Sex, Drugs and Spying: Surprising Trends in 2013," coverage in USA Today, January 1, 2014, featuring Professor David Cole.

"NSA Targets Foreigners, Catches Americans," an opinion piece in USA Today, December 29, 2013, citing Professor David Cole.

"Debate: Does Spying Keep Us Safe?," coverage by NPR, November 26, 2013, featuring Professor David Cole.

 "Reducing Crime by Reducing Incarceration: Longer Sentences Don't Mean Fewer Crimes," The Washington Times, November 14, 2013, commentary by Professor David Cole and Marc Mauer.

"For Herman Wallace, Solitary Confinement Amounted to a Death Sentence," an opinion piece in the Washington Post, by Professor David Cole, October 24, 2013.

"Your Digital Trail: Does The 4th Amendment Protect Us?," a segment on NPR's All Things Considered, October 2, 2013, featuring Professor David Cole. 

"Don’t let DOMA fool you — the Supreme Court is restricting your rights," an opinion piece by Professor David Cole in the Washington Post, June 28, 2013.

"Gay Marriage: A Careful Step Forward," a post by Professor David Cole in the New York Review of Books blog, June 27, 2013.

"Intel Outside," a piece by Professor David Cole in Foreign Policy, June 12, 2013.

"It's Worse Than You Thought: NSA Spying and the Patriot Act," a piece by Professor David Cole in The Nation, June 6, 2013.

"Secret NSA Program Gives the Agency Unprecedented Access to Private Internet Communications," a piece by Professor David Cole in The Nation, June 6, 2013.

"Obama's Long Road to Peace," a post by Professor David Cole in the New York Review of Books blog, May 24, 2013. 

"The AP's Privacy, and Ours," a column by Professor David Cole in The Nation, May 22, 2013. 

"On Anthony Lewis (1927-2013)," a tribute by Professor David Cole in the New York Review of Books, May 9, 2013.

"Guantanamo and Torture: It's Up to Obama," an opinion piece by Professor David Cole in the New York Review of Books, May 2, 2013.

"Source: Tamerlan Tsarnaev, Mother Talked about Jihad in Russian Wiretap," coverage in Newsday, April 27, 2013, featuring Professor David Cole

"Why a Homemade Bomb Is a Weapon of Mass Destruction," a post in the Wall Street Journal Law Blog, April 23, 2013, featuring Professor David Cole.

"Responding to Terror," a column by Professor David Cole in The Nation, April 17, 2013.

"Deciding Not to Decide Gay Marriage," an op-ed by Professor David Cole in the New York Times, March 25, 2013.

"Ted Cruz Is Wrong about the Constitution," an opinion piece in the Washington Post, March 15, 2013, featuring Professor David Cole and Professor Susan Low Bloch

"Secrets No President Should Keep," an op-ed by David Keene and Professor David Cole in the Los Angeles Times, March 14, 2013.

"President Obama, Did or Did You Not Kill Anwar al-Awlaki?," an opinion piece by Professor David Cole in the Washington Post, February 8, 2013. The piece was cited in the New Yorker post, "Torture and Obama's Drone Program," February 15, 2013. 

"What's Wrong with Obama's Drone Policy," a column by Professor David Cole in The Nation, February 13, 2013.

"Laying Down the Law," an opinion piece by Professor David Cole in Foreign Policy, February 12, 2013.

"Fifty-four Nations Are Implicated in a CIA Torture Scheme," an opinion piece by Professor David Cole in The Nation, February 5, 2013.

"Lethal Force Must Be Last Resort," a contribution by Professor David Cole to the New York Times Room for Debate discussion, "When Can the U.S. Kill One of Its Own?," February 5, 2013.

"Will Obama the Constitutional Lawyer Please Stand Up?," an opinion piece in The Nation, January 23, 2013, featuring Professor David Cole.

"Twelve Questions for John Brennan," a post by Professor David Cole on the New York Review of Books blog, January 14, 2013.

"Through a Glass Darkly," an opinion piece by Professor David Cole in Foreign Policy magazine, January 10, 2013.

"Who Pays for the Right to Bear Arms?," a New York Times op-ed by Professor David Cole, January 1, 2013.

Professor David Cole discussed the National Rifle Association on MSNBC's "The Ed Show," December 26, 2012.

"Laws Not Fit to be Defended," a blog post by Professor David Cole in the New York Review of Books, December 8, 2012.

"Due Process, Imminent Threat," an interview with Professor David Cole in Guernica magazine, December 3, 2012.

"Privacy Rights and Government Access to Electronic Messages," a segment on WAMU's "The Diane Rehm Show," November 29, 2012, featuring Professor David Cole.

"It's Time to Stop Killing in Secret," a blog post by Professor David Cole in the New York Review of Books, November 28, 2012.

The work of Professor David Cole is cited in the HuffPost Politics blog post, "Will President Obama Restore the Rule of Law During His Second Term?," November 19, 2012.

"The Election - II," opinion pieces by Frank Rich, Professor David Cole, Ronald Dworkin, and Russell Baker in the New York Review of Books, November 8, 2012.

"Bridgeview Man Muhammad Salah Removed from Terrorist List," coverage in the Chicago Sun-Times, November 7, 2012, featuring Professor David Cole.

"Checking Big Brother," an opinion piece by Professor David Cole in The Nation, November 2, 2012.

"Rewarding Impunity," an opinion piece by Professor David Cole in Foreign Policy magazine, October 18, 2012.

"More Speech Is Better," an opinion piece by Professor David Cole in the New York Review of Books, October 16, 2012.

Professor David Cole discussed the new U.S. Supreme Court term on WAMU's "The Diane Rehm Show" and Warren Olney's "To the Point," October 1, 2012.

"Our Romance With Guns," an essay by Professor David Cole in the New York Review of Books, September 27, 2012. 

"The Roberts Court Takes on Racial Justice," a post by Professor David Cole in the New York Review of Books blog, September 27, 2012.

"Supreme Court Faces Another Momentous Term," coverage in the Washington Times, September 27, 2012, featuring Professor Louis Michael Seidman and Professor David Cole.

"Obamacare Upheld: How and Why Did Justice Roberts Do It?," an opinion piece by Professor David Cole in The Nation, June 28, 2012.

"Anti-Immigrant Forces Lose Big in Supreme Court," an opinion piece in The Nation by Professor David Cole, June 25, 2012.

"Shields for Privacy in a Smartphone World," a post on the New York Times blog, "Bits," June 24, 2012, featuring Professor David Cole.

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