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 to view the Brennan Center’s 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.
Center for Individual Freedom v. Natalie Tennant
The Brennan Center and other amici and its pro bono partner in defending provisions of West Virginia's disclosure law, arguing that the law is well within the mainstream among states that have adopted similar laws; laws which have been upheld repeatedly by the federal courts.
League of Women Voters of Florida v. Browning
The Brennan Center is working with nonpartisan voter registration groups in Florida to mount a constitutional challenge against Florida’s onerous new restrictions on community-based voter registration drives.
The Brennan Center filed an amicus brief arguing that the prolonged, warrantless use of GPS tracking devices to monitor a suspect's behavior is unconstitutional.
A roundup with the latest news highlighting the corrosive nature of money in New York State politics — and the need for public financing and robust campaign finance reform.
Looking Around the World for Inspiration: Voter Registration
Chile modernized its voter registration system this week. But a first-rate democracy like the U.S. still lags behind.
The president's campaign blessing contributions to the Super PAC supporting him is a distraction from the real questions about today’s campaign finance environment.
Illustrations by Risko
Brennan Center Submits Testimony Challenging Florida’s Restrictive Election Law
The Brennan Center for Justice submitted written testimony in advance of today’s U.S. Senate hearing examining Florida’s new election law, H.B. 1355, stating that the law’s onerous restrictions on community-based voter registration drives are unconstitutional and offering solutions for modernizing the state’s voter registration system.
Brennan Center, Justice at Stake Praise Tennessee Judicial Ethics Rules
The Tennessee Supreme Court this week adopted a new Code of Judicial Conduct to prohibit judges from hearing cases involving campaign supporters in which “the judge’s impartiality might reasonably be questioned.”
Joint Statement on Governor Cuomo’s State of the State Address
In yesterday's State of the State Address, Governor Andrew Cuomo vowed to lead the push for what could become the most important reform in the nation in 2012: reducing the massive influence of big money in our political system through public financing of elections for New York State.
Letter to Governor Cuomo Calling for Fair Elections in New York State
Coalition of good government, civil rights, environmental, labor, business, religious and grassroots community organizations urge Governor Cuomo to create a public campaign financing program for New York State.
Testimony to ABA Committee on Judicial Disqualification
The Brennan Center testified on proposed amendments to the ABA's model code of judicial conduct regarding judicial disqualifications.
City Council Testimony on New York City’s Foreclosure Crisis
The Brennan Center testified before the New York City Council on systemic problems in the ongoing mortgage foreclosure crisis and its effect on New York City Neighbordhoods.
Congress Can Fix the Super PAC Problem
The Florida primary shows why it's time end the farce of "independent" expenditures.
The Police Department has the formidable responsibility of keeping New Yorkers safe from a terrorist attack. It is entrusted with significant powers and broad discretion in how to use them. It has done an admirable job in preventing violence. But last week, we were reminded that no government entity with such powers should operate free from independent oversight.
Modernize Florida’s Voting System
In 2012, you can use your iPhone to deposit a check or track your fantasy team, but registering to vote is still stuck in the 19th century. Once again, Florida is in the middle of the war on voting, passing an election law last year that will make it even harder for tens of thousands of citizens to vote.