View this email in your browser ([link removed])
[link removed]
Dear Friend,
Speak out against the government’s war policies—and you could be detained, separated from your family, and held for months while courts delay deciding whether your constitutional rights were violated.

That’s the dangerous precedent now emerging in the case of Mahmoud Khalil.

Khalil, a lawful U.S. resident and Columbia University graduate, was arrested and detained after participating in nonviolent protests critical of U.S. foreign policy and Israel’s military actions in Gaza.

Not for violence. Not for vandalism. Not for a crime.

He was targeted for his political, anti-war speech.

Now, in a deeply troubling decision, the U.S. Court of Appeals for the Third Circuit has refused to rehear his case even after multiple federal judges warned that the ruling threatens free speech, due process, habeas corpus, and the judiciary’s role as a check on government power—protections which apply to both citizens and noncitizens.

One dissenting judge warned that the courts are effectively allowing the government to silence speech first and answer constitutional questions later—if at all.

That is the real danger here.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

The government is claiming the power to jail individuals for their political views while delaying meaningful judicial review for months—or even years.

Punish dissent first. Deal with the Constitution later.

This isn’t just about Mahmoud Khalil.

It’s about whether constitutional rights still mean anything when the government invokes “national security” or “foreign policy” interests.

It’s about whether courts will step in when dissenters are targeted—or whether they will stand aside while executive power expands unchecked.

And it’s about whether criticizing war itself is becoming grounds for government retaliation.

A broad coalition of civil liberties organizations, including The Rutherford Institute, has been fighting back against this dangerous precedent.

Because once the government gains the power to punish speech first and answer for it later, history shows it rarely gives that power back.

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

For freedom,

John W. Whitehead
Constitutional Attorney, President
The Rutherford Institute

P.S. For more than 40 years, The Rutherford Institute has worked to hold the government accountable to the Constitution—especially in moments like this, when fear, politics, and unchecked power threaten to override fundamental rights.

Your support makes it possible for us to continue challenging government overreach, defending free speech, and pushing back against efforts to criminalize dissent.

Please stand with us in this fight for constitutional accountability and the right to speak freely without fear of government retaliation. ([link removed])
------------------------------------------------------------
Further reading:

Analysis:
Appeals Court Lets Government Detain Anti-War Political Protesters for Speech—as Judges Warn Free Speech and Habeas Corpus Are at Risk ([link removed])

Case Files:

Khalil v. Trump

Third Circuit Court of Appeals
* Amicus Brief ([link removed])
* Denial of Rehearing ([link removed])

Mahmoud Khalil v. Donald Trump

New Jersey District Court
* Amicus brief ([link removed])
* NJ District Court: Initial Ruling ([link removed])
* NJ District Court: Concluding Ruling ([link removed])
* Trump Admin. Letter Refusing Release ([link removed])
* NJ District Court: Order Denying Release ([link removed])
* NJ District Court: Release Order ([link removed])

Source: [link removed]
[link removed] Share ([link removed])
[link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fcan-the-government-jail-critics-of-war Tweet ([link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fcan-the-government-jail-critics-of-war)
[link removed] Forward ([link removed])
CLICK HERE TO MAKE A TAX-DEDUCTIBLE DONATION ([link removed])

To donate via PayPal, please click below:
[link removed]

============================================================
** Follow us on Facebook ([link removed])
** Follow us on Facebook ([link removed])
** Follow us on Twitter ([link removed])
** Follow us on Twitter ([link removed])
** YouTube ([link removed])
** YouTube ([link removed])
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
** www.rutherford.org ([link removed])

Copyright © 2026 The Rutherford Institute, All rights reserved.

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.

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax exempt nonprofit organization. Donations to support The Rutherford Institute’s legal and educational work help to safeguard the constitutional rights of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

** unsubscribe from this list ([link removed])

** update subscription preferences ([link removed])