From The Rutherford Institute <[email protected]>
Subject Unlawful wars. Rising protests. Now dissent is being targeted.
Date April 10, 2026 7:37 PM
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Dear Friend,
As the U.S. escalates military conflicts abroad—without clear congressional authorization and amid growing concerns over potential war crimes—anti-war protests are rising across the country.

But instead of protecting that dissent, the government is increasingly treating it as a threat.

That’s what’s at stake in the case of Mahmoud Khalil.

Khalil—a lawful resident and Columbia University graduate—was arrested and detained by ICE not for violence, not for a crime, but for speaking out against war.

Now, the government is arguing something even more dangerous:

That it can jail someone for their political views—and prevent the courts from even hearing the person’s habeas corpus petition or from stepping in until much later.

In other words: Punish first. Answer for the consequences later—if at all.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

A broad coalition of civil liberties organizations, including The Rutherford Institute, is fighting back—urging the courts to stop this dangerous precedent before it spreads.

Because if the government can do this to Khalil… It won’t stop there.

This isn’t just about one protester.

It’s about whether dissent itself is still protected in America—especially when it challenges the government’s war-making power.

Read more about the case and what’s at stake. ([link removed])

This is how rights disappear: when the government punishes lawful activity, delays justice, and normalizes the abuse of power.

We’re seeing this pattern play out again and again.

Once the damage is done, once rights are stripped, the government rarely gives that power back.

And the longer it goes unchecked, the harder it becomes to stop.

Please stand with The Rutherford Institute in our efforts to make the government play by the rules of the Constitution. ([link removed])

For freedom,

John W. Whitehead
Constitutional Attorney
President, The Rutherford Institute
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Further reading:

Analysis:


** Criminalizing Dissent in a Time of War: Free Speech Coalition Urges Federal Court to Rein In Government Power to Detain Anti-War Protesters ([link removed])
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Case Files:
* Third Circuit Court of Appeals: Khalil v. Trump Amicus Brief ([link removed])

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CONTACT INFORMATION
Nisha Whitehead
(434) 978-3888 ext. 604
** [email protected] (mailto:[email protected])

THE RUTHERFORD INSTITUTE
Post Office Box 7482
Charlottesville, VA 22906-7482
Phone: (434) 978-3888
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You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

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