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CONTACTS: Ashley Berke Alex McKechnie Director of Public Relations Public Relations Coordinator 215.409.6693 215.409.6895 [email protected] [email protected]

SHOULD TERRORIST SUSPECTS GET MIRANDA WARNINGS? TOP SUPREME COURT LITIGATORS DEBATE BEFORE 9-JUDGE PANEL IN NATIONAL CONSTITUTION CENTER PROGRAM

Carter G. Phillips and Kannon Shanmugam Oppose Each Other in the 2011 Peter Jennings Project’s Annual Moot Court Argument

Michael Chertoff Leads All-Star Panel of Judges

Philadelphia, PA (February 16, 2011) – Two of the nation’s top Supreme Court litigators, Carter G. Phillips and Kannon Shanmugam , will argue a case based on hypothetical federal legislation that exempts police from issuing Miranda warnings to individuals suspected of terrorism. A jury of nine distinguished judges will decide if such legislation can withstand constitutional scrutiny. This event is presented by the National Constitution Center as part of the 2011 Peter Jennings Project for Journalists and the Constitution .

The moot court will take place on Saturday, March 5, 2011, beginning at 1:00 p.m., in the Ceremonial Courtroom at The United States District Court for the Eastern District of at 601 Market Street. Admission is FREE, but seating is limited. Reservations are required and can be made by calling 215.409.6700 or online at www.constitutioncenter.org .

For more than a decade, lawyers and policymakers have argued about how to prosecute suspected terrorists. Should they be treated like any other criminal suspect, or as enemy combatants seized in the heat of war? Even those who favor the civilian courts over military tribunals – as the Obama administration has – face thorny issues such as the admissibility of evidence gained in absence of Miranda warnings, in which the

-MORE- ADD ONE/MIRANDA MOOT COURT apprehending officer advises a criminal suspect of his constitutional rights (the right to remain silent, to speak with an attorney, etc.). In 1984, the Supreme Court established a “public safety” exception to Miranda , but to many this remains inadequate to address modern terrorist threats.

The panel of judges includes:

• Michael Chertoff , Senior of Counsel, Covington & Burling LLP, former Judge, United States Court of Appeals for the Third Circuit, and former Secretary of Homeland Security (2005-2009) • Michael A. Fitts , Dean and Bernard G. Segal Professor of Law, University of Pennsylvania Law School • Brett Kavanaugh , Judge, United States Court of Appeals for the District of Columbia Circuit • Judith S. Kaye , Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP and former Chief Judge, State Court of Appeals • Timothy Lewis , Of Counsel at Schnader, Harrison, Segal & Lewis and former Judge, United States Court of Appeals for the Third Circuit • Theodore McKee , Chief Judge, United States Court of Appeals for the Third Circuit • Marjorie O. Rendell , Judge, United States Court of Appeals for the Third Circuit • Albert M. Rosenblatt , Of Counsel at McCabe & Mack LLP and former Associate Judge, State of New York Court of Appeals • Dolores K. Sloviter , Judge, United States Court Appeals for Third Circuit

Carter G. Phillips is the managing partner of the Washington, D.C., office of Sidney Austin LLP, and is a member of the firm’s Management Committee. He served as a law clerk to Judge Robert Sprecher on the U.S. Court of Appeals for the Seventh Circuit and Chief Justice Warren E. Burger on the United States Supreme Court. As Assistant to the Solicitor General, Phillips argued nine cases in the U.S. Supreme Court; since joining Sidley, he has argued more than 60 additional cases. He also has argued more than 80 cases in the federal court of appeals and more than a dozen in other appellate courts.

Kannon Shanmugam is a partner with the Washington, D.C., law firm Williams & Connelly LLP, focusing on Supreme Court and appellate litigation. Described by Legal Times as a “rising star” of the Supreme Court bar, Shanmugam has argued 10 cases before the Supreme Court. He joined Williams & Connelly in 2008, after serving as

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Assistant to the Solicitor General in the Department of Justice – the first lawyer in 22 years to join the firm directly as a partner. Prior to working in the Department of Justice, Shanmugam clerked for Supreme Court Justice Antonin Scalia.

The 2011 Peter Jennings Project for Journalists and the Constitution will take place from March 4 through March 6, 2011. Named in honor of the late, award-winning news anchor and friend of the National Constitution Center, the Peter Jennings Project allows professional journalists from print, broadcast, and online media organizations, as well as a select group of collegiate journalists from across the country, to examine the constitutional dimension in the news today and acquire a deeper understanding of the Constitution and its important role in the lives of all Americans. Kayce Freed Jennings , wife of Peter Jennings, serves on the board of the project, and veteran journalist Todd Brewster , who worked closely with Jennings and co-authored two best-selling books with him, is the program director.

The Peter Jennings Project for Journalists and the Constitution is made possible through the generosity of The Annenberg Foundation.

The National Constitution Center, located at 525 Arch St. on ’s Independence Mall, is an independent, nonpartisan, nonprofit organization dedicated to increasing public understanding of the U.S. Constitution and the ideas and values it represents. The Center serves as a museum, an education center, and a forum for debate on constitutional issues. The museum dramatically tells the story of the Constitution from Revolutionary times to the present through more than 100 interactive, multimedia exhibits, film, photographs, text, sculpture and artifacts, and features a powerful, award-winning theatrical performance, “Freedom Rising.” The Center also houses the Annenberg Center for Education and Outreach, which serves as the hub for national constitutional education. Also, as a nonpartisan forum for constitutional discourse, the Center presents – without endorsement – programs that contain diverse viewpoints on a broad range of issues. For more information, call 215.409.6700 or visit www.constitutioncenter.org . ###