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 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.
The Brennan Center recently filed an amicus brief on behalf of former intelligence professionals and scholars of evidence and criminal procedure, urging the Supreme Court to hear the case of Latif v. Obama.
Hepting v. AT&T Corp. (Amicus Brief)
The Brennan Center filed in the Ninth Circuit Court an amicus brief for a group of civil rights organizations working on behalf of ethnic minorities in a case dealing with the legality of domestic surveillance programs.
Committee on the Judiciary v. Harriet Miers (Amicus Brief)
The Brennan Center filed an amici brief asking the D.C. District Court to allow Congress to proceed with its efforts to enforce the subpoenas issued against Joshua Bolten and Harriet Miers in the executive privilege case related to the contentious 2006 firing of nine U.S. Attorneys
Supreme Court Should Hear Latif v. Obama
The case tests the bite in the Supreme Court's 2008 promise that Guantanmo detainees have a constitutional right to challenge their detentions in court.
Another Call for NYPD Oversight
The AP reports the NYPD conducted surveillance and monitoring of Muslim communities in Newark, once again showing the need for increased police oversight.
To Be or Not To Be Accountable
The Ninth Circuit splits the baby in two warrantless wiretapping cases.
Illustrations by Risko
Latest Surveillance Allegations Show Need for NYPD Oversight
Faiza Patel released a statement following Associated Press reports that the New York City Police Department conducted surveillance and monitoring of Muslim communities in Newark, New Jersey.
Brennan Center Statement in Advance of AG Holder Appearance Before Senate Judiciary Committee
The Brennan Center released the following statement calling on Senate Judiciary Committee members to press Attorney General Eric Holder on changes to the FBI's domestic surveillance rules.
City Council Members, Civil Rights Advocates Press Conference Puts Spotlight on NYPD Operations
New York City Council Members, the Brennan Center for Justice, community groups and civil rights advocates gathered at City Hall today to raise concerns about the New York Police Department’s infiltration of the local 800,000-person Muslim community and to call for more oversight of the NYPD’s intelligence operations.
Testimony for Hearing on Ending Racial Profiling in America
The Brennan Center submitted testimony supporting the End Racial Profiling Act (S. 1670) and suggesting that Congress urge the U.S. Department of Justice to amend its Guidance Regarding the Use of Race by Federal Law Enforcement Agencies.
Letter to Senate Judiciary Committee on FBI Guidelines
The Brennan Center for Justice and other civil rights groups sent a letter urging the Senate Judiciary Committee to request that the FBI postpone implementation of changes to its domestic investigations guidelines.
Letter to Senate Judiciary Committee on New FBI Rules
In a letter to the Senate Judiciary Committee, civil rights advocates called on Congress to investigate the reported changes to the FBI’s guidelines for domestic investigations.
Religious Profiling: An Unwelcome Guest
Instead of relying on stereotypes, law enforcement officials should focus on signs of actual criminal conduct. And they should build strong, trusting relationships with American Muslim communities — relationships that will enable us to more effectively fight our common enemy.
Surveillance of American Muslims: A Tale of Three Cities
The NYPD's decision to monitor Muslims solely on the basis of their religion is not conducive to building trust.
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.