Chemical Security Legislation Begins to Move Through Congress
Jun 30, 2009
The House Homeland Security Committee passed legislation June 23 that would greatly reduce the risks and consequences of a terrorist attack on a chemical facility. The bill also includes small but important improvements in the accountability of the nation's chemical security program. However, industry-sponsored amendments and the continued risk of excessive secrecy during implementation diminish the value of the bill.
read in fullTorture Photo Disclosure Ban out of War Spending Bill but Still Possible
Jun 16, 2009
During the week of June 8, an amendment seeking to block disclosure of photos of abused detainees in U.S. custody was removed from the Supplemental Appropriations Act of 2009 (H.R. 2346). However, Sens. Joseph Lieberman (I-CT) and Lindsay Graham (R-SC), sponsors of the amendment, have pledged to insert the language into other legislation. Moreover, the release of the torture photos is the subject of a lawsuit that may reach the U.S. Supreme Court.
read in fullAdministration Orders Interagency Review of Classification and CUI
Jun 2, 2009
On May 27, the Obama administration released a memorandum requiring reviews of overclassification and the current Controlled Unclassified Information (CUI)/Sensitive but Unclassified (SBU) process. The memorandum establishes separate 90-day interagency review processes to advise the administration on actions it should take to advance previous efforts to reform problems associated with these issues.
read in fullCongress Seeks Hidden Truth on Torture
May 19, 2009
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.
read in fullCongress Seeks to Limit National Security Letter Powers
Apr 7, 2009
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.
read in fullSunshine Illuminates More Bush-era OLC Memos
Mar 10, 2009
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.
read in fullState Secrets Legislation Introduced on the Heels of Sensitive Court Decision
Feb 24, 2009
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.
read in fullNew Director of National Intelligence Promotes Smarter Classification
Feb 10, 2009
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.
read in fullJustice Nominee May Bring Sunlight to Office of Legal Counsel
Jan 13, 2009 by Sean Moulton
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.
read in fullCourt Rules CIA Can Keep Any Secret It Wants
Nov 4, 2008 by Roger Strother*
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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