Analysis & Commentary
Checks & Balances
Patriot Act Video from the Bill of Rights Defense Committee
The Brennan Center's Emily Berman participated in an online video from the Bill of Rights Defense Committee titled, "The unPATRIOTic Act & COINTELPRO 2.0."
– 07/13/11
Emily Berman Discusses the PATRIOT Act in New Podcast
Emily Berman participated in the most recent installment of the There Is No Spoon podcast series, which examined civil rights and civil liberties issues raised by the PATRIOT Act and FBI stings authorized under the 2008 Attorney Generals’ Guidelines issued by then Attorney General Michael Mukasey.
– 04/12/11
Secrecy, Fear, and the National Security State: A lecture on American democracy
Fritz Schwarz delivered a lecture entitled "The National Security State and Other Dangers to Democracy" on November 11, 2010, at the John F. Kennedy Institute for North American Studies at the Free University of Berlin.
"Crisis and its cousin fear always make it tempting to ignore the wise restraints that keep us free. That is not new. But America has been living in an atmosphere of crisis for an unusally long time."
Authored by: Frederick A.O. "Fritz" Schwarz, Jr.
– 11/22/10
Too Big A Canon in the President’s Arsenal: Another Look at United States v. Nixon
The article addresses the critical, and much-discussed, issue of the growth of executive branch secrecy from a unique perspective. It identifies the case of United States v. Nixon—a case that ironically is celebrated for limiting presidential power—as a foundation for the modern culture of excessive executive secrecy, and especially for the use of executive privilege to block legislative inquiries into executive-branch policy.
Authored by: Eric Lane, Frederick A.O. Schwarz, Jr., and Emily Berman
– 04/12/10
Congress Must Stop Abuses of Secrets Privilege
For decades, the government has used the "state secrets privilege" to block the use of evidence in litigation where revealing the evidence could harm national security. Under former President George W. Bush, the privilege was transformed into a weapon to shut down lawsuits challenging illegal or embarrassing government activity. President Barack Obama promised major changes.
Authored by: Elizabeth Goitein and Frederick A.O. "Fritz" Schwarz, Jr
– 12/14/09
Abuse Revelations Demand an Inquiry
A piece in the Boston Globe examines the Obama administration's stance towards executive privilege, and the lingering presence of the previous administration.
Authored by: Elizabeth Goitein
– 08/05/09
Bill Will Restore Congress’ Powers in an Era After Bush
The recent revelation that former Vice President Dick Cheney unilaterally decided to keep Congress in the dark about a CIA program targeting al-Qaida members for assassination comes as no surprise.
Authored by: Emily Berman and Rep. Brad Miller
– 07/28/09
So Many Secrets
Essay in the New Republic explores if Pres. Obama will change his heart on a key rule-of-law issue.
Authored by: Elizabeth Goitein
– 05/07/09
Transparency in the First 100 Days: A Report Card
The Brennan Center's detailed 30-page report card reveals President Obama’s need to improve transparency and accountability in the development and implementation of national security policy.
– 04/27/09
Transparency in the First 100 Days | Presidential Records and Communications
The Brennan Center’s detailed 30-page report card reveals President Obama’s need to improve transparency and accountability in the development and implementation of national security policy. This page offers detailed analysis and recommendations pertaining to presidential records and communications.
– 04/27/09