Publications
Liberty & National Security
Reducing Overclassification Through Accountability
Classification is one of the most important tools our government has to keep us safe. But many secrets “protected” by the classification system pose no danger to the nation’s safety.
Authored by: Elizabeth Goitein and David M. Shapiro
– 10/05/11
Rethinking Radicalization
Radicalization is complex. Yet a thinly-sourced, reductionist view of how people become terrorists has gained unwarranted legitimacy in some counterterrorism circles. Only by analyzing what we know about radicalization and the government’s response to it can we be sure that these reactions are grounded in fact rather than stereotypes and truly advance our efforts to combat terrorism.
Authored by: Faiza Patel
– 03/08/11
Democracy & Justice: Collected Writings, Vol. IV
This volume is a sample of the Brennan Center’s work on all fronts in the fight for democracy and justice in 2010.
Authored by: The Brennan Center for Justice
– 02/28/11
Domestic Intelligence: New Powers, New Risks
The Attorney General’s Guidelines for Domestic FBI Operations tip the scales too far in favor of relatively unchecked government power, allowing the FBI to sweep too much information about too many innocent people into the government’s view. In so doing, they pose significant threats to Americans’ civil liberties and risk undermining the very counterterrorism efforts they are meant to further. And while some may doubt the severity of these threats, nobody can argue that such broad powers in the hands of government officials should be monitored regularly to ensure that they are not being abused.
Authored by: Emily Berman
– 01/18/11
Executive Privilege: A Legislative Remedy
This report focuses on one context of executive privilege: disputes over Congress’s efforts to access information from the Executive. Executive privilege is one area where the recent expansion of secrecy can—and should—be rolled back to restore our constitutional balance. A proposed statute, “Executive Privilege Codification Act,” aims to do just that, and is attached as an appendix.
Authored by: Emily Berman
– 06/21/09
Transparency in the First 100 Days: A Report Card
This report card is an effort to take stock of the Obama administration’s performance during its first 100 days in office, acknowledge and commend those actions that enhance government transparency, and insist on a correction of course when transparency is diminished.
Authored by: Liberty & National Security Project
– 04/27/09
Unchecked and Unbalanced: Presidential Power in a Time of Terror
Unchecked and Unbalanced: Power in a Time of Terror (The New Press) is an exploration of the expansion of executive power in the wake of 9/11, and provides a comprehensive analysis rooted in legal and political history of the Bush Administration’s theory of unlimited presidential license.
Authored by: Frederick A.O. Schwarz, Jr. and Aziz Huq
– Published 2007
Twelve Steps to Restore Checks and Balances
Executive Privilege. Extraordinary Rendition. Secret legal opinions. Warrantless wiretapping. Indefinite detention. Suspension of habeas corpus. America’s system of checks and balances is eroding, upsetting the delicate balance of power set forth in the Constitution. Twelve Steps to Restore Checks and Balances proposes specific reforms designed to keep the nation secure and free, as the Constitution’s Framers intended.
Authored by: Aziz Huq
– January 2008
Ten Things You Should Know About Habeas Corpus
This brief publication seeks to answer questions regarding habeas corpus by explaining the facts and correcting the misconceptions surrounding this hot-button issue.
Authored by: Jonathan Hafetz
– May 2007
The Secrecy Problem in Terrorism Trials
This report aims to advance this debate and, along the way, to identify areas in need of congressional action by exploring the central question at stake: How should we reconcile the competing demands of secrecy, fairness, and accurate decision-making in terrorism trials surrounding habeas corpus?
Authored by: Serrin Turner and Stephen J. Schulhofer
– 2005