Congress Seeks Hidden Truth on Torture

On May 13, a Senate Judiciary subcommittee led by Sen. Sheldon Whitehouse (D-RI) held a hearing on the treatment of terrorist suspects in the custody of U.S. government personnel. The hearing was the first to formally discuss torture after the release of four key Bush administration memoranda that established broader interrogation policies. The hearing prompted the Justice Department to release two additional documents concerning internal Bush administration deliberations over policy.

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Congress Seeks to Limit National Security Letter Powers

On March 30, Congress took its first step toward reforming the USA PATRIOT Act when Reps. Jerrold Nadler (D-NY) and Jeff Flake (R-AZ) introduced the National Security Letters Reform Act of 2009 (H.R. 1800). The bill is designed to narrow the powers granted to the executive branch under the National Security Letter (NSL) provision of the Patriot Act. Public interest advocates contend that the NSL is only one component of the Patriot Act in need of reform.

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Sunshine Illuminates More Bush-era OLC Memos

On March 2, the U.S. Department of Justice (DOJ) released a set of previously classified memoranda from the Office of Legal Counsel (OLC). OLC produced the documents for senior members of the George W. Bush administration. The release is yet another step in the Obama administration's implementation of its commitment to transparency.

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State Secrets Legislation Introduced on the Heels of Sensitive Court Decision

During the week of Feb. 9, the Obama administration invoked the state secrets privilege in a sensitive legal case. The decision has led some groups to question if President Barack Obama is breaking from the Bush administration's interrogation and intelligence policies as promised, or if he intends to continue existing practices. Meanwhile, both houses of Congress are considering legislation (H.R. 984 and S. 417) to narrow the interpretation of the largely undefined privilege created by case law.

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New Director of National Intelligence Promotes Smarter Classification

During his recent confirmation hearing, Admiral Dennis Blair, the new Director of National Intelligence (DNI), derided the current classification system, which promotes over-classification of intelligence-related information. He discussed the need for a cultural change in the intelligence dissemination process that includes new training for analysts and greater accountability.

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Justice Nominee May Bring Sunlight to Office of Legal Counsel

On Jan. 5, President-elect Obama nominated Dawn Johnsen as Assistant Attorney General for the Office of Legal Counsel (OLC). Johnsen has written articles advocating for restrained executive power and increased government transparency, in particular at OLC. The office issued several secret and controversial opinions during the Bush administration.

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Court Rules CIA Can Keep Any Secret It Wants

On Oct. 29, a federal court refused to examine statements made by Guantanamo Bay detainees during their tribunals; the statements were redacted by the Central Intelligence Agency (CIA). The statements, which reportedly contain allegations of torture committed against the detainees while they were in U.S. custody, come at a time when the British government is seeking to investigate the treatment of one of its own residents held at the detention facility.

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Telecom Surveillance to Receive Get-Out-of-Jail-Free Card

The Department of Justice (DOJ) is seeking retroactive immunity for the telecommunications companies that cooperated with the National Security Agency's (NSA) warrantless surveillance program, utilizing power granted in the FISA Amendments Act of 2008.

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Department of Justice Finalizes Enhancements of FBI Powers

Attorney General Michael Mukasey recently finalized changes to Federal Bureau of Investigation (FBI) rules that increase the agency's ability to gather information on citizens without having prior suspicion of wrongdoing. The new rules cover the FBI's powers over criminal, national security, and foreign intelligence surveillance and have been criticized by civil liberties advocates and privacy groups.

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FBI to Increase Secret Powers in the Near Future

The Department of Justice (DOJ) plans to finalize secret changes to a secret rule that sets guidelines for the Federal Bureau of Investigation's (FBI) work. The changes will reportedly lower intelligence-gathering standards and could pose a significant threat to individual rights. Several senators have voiced strong concerns about the changes.

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