Transparency & Accountability
Government transparency is vital to effective national security policies. After 9/11, the Bush administration developed and implemented policies regarding detention, interrogation, rendition, and domestic surveillance behind closed doors and with little exchange of ideas. These secret actions resulted in policies that made our nation less safe by alienating our allies, providing powerful recruiting tools to our enemies, and undercutting our ability to insist on the humane treatment of American soldiers. Moreover, history shows that national security policies carry a heightened risk of intrusion into individual rights and liberties, making it all the more important that the people are kept informed of their government's actions.
Accountability is also a vital principle in the area of national security policy -- and one that is inextricably linked to transparency. When government information is withheld from the people, the people lose their ability to assess the performance of their representatives and react accordingly. Without the ability to hold the government accountable for its actions--whether in the courts, in Congress, or at the ballot box--there is no effective check on misguided policies or governmental abuses of power.
We have called upon President Obama to shine light on his predecessor's policies and to make his own administration open and accountable for its actions, in order to ensure that our national security policies are effective and respect the rule of law.
Overclassification
Click here for a preview of the Brennan Center’s upcoming report on reforming the classification system; click here to read what our Chief Counsel Frederick A.O. Schwarz, Jr. has to say about WikiLeaks.
Independent Commission of Inquiry
Click here to learn more about the Brennan Center's efforts to promote an independent commission of inquiry to examine recent counter-terrorism policies that may have violated the rule of law.
Executive Privilege
Click here to read the Brennan Center's legislative remedy for the Executive Branch's overuse of executive privilege to withhold needed information from Congress.
Transparency Report Card
Click here to learn about President Obama's record of transparency at the 100-day mark in matters affecting national security policy.
Litigation
Click here to read the Brennan Center's amicus brief in Committee of the Judiciary v. Miers, urging the court to exercise jurisdiction over a case challenging an assertion of executive privilege; click here to read about our amicus brief on behalf of former U.S. diplomats in Mohamed v. Jeppesen Dataplan, Inc., arguing that the "state secrets" privilege damages international counter-terrorism efforts; and click here to read our amicus brief in Hepting v. AT&T Corp., setting forth historical reasons to reject the government's claim of secrecy regarding its surveillance activities.