Legislation & Testimony
Checks & Balances
Frederick A.O. Scwarz before the Hearing on “Executive Power and Its Constitutional Limitations”
Mr. Schwarz called for an in-depth investigation of the Bush Administration by a non-partisan group, similar to the Church Commitee, for which he served as Chief Counsel.
Authored by: Frederick A.O. Schwarz
– 07/25/08
State Secrets Protection Act. S.2248
This memo addresses the constitutional power of Congress to enact the State Secrets Protection Act, S.2248, establishing rules regulating the invocation of the state secrets privilege.
– 04/03/08
Memo to House Intelligence Committee on Telecom Immunity
Emily Berman addresses the issues with granting immunity to telecommunications carriers and proposes alternatives to awarding them complete amnesty.
– 10/11/07
Written Congressional Testimony of Fritz Schwarz
Brennan Center’s Senior Counsel Fritz Schwarz’s written testimony before the House of Representative’s Judiciary Subcommittee on Commercial and Administrative Law in a hearing on “Ensuring Executive Branch Accountability”
– 03/29/07
Memo Regarding Varieties of Executive Privilege
Aziz Huq discusses the different types of executive privilege in use today. Specifically, “presidential communications privilege,” the “deliberative process privilege,” attorney-client privilege, and claims of secrecy on grounds of national security are considered.
– 01/31/07
Letter to Congress from Retired Judges - Sept. 2006
Ten retired federal judges write to Congress to relate their concern about the lawfulness of Section 6 of the proposed Military Commissions Act of 2006.
– 09/14/06