Home : Safe and Free : Secrecy

Federal law enforcement agencies, such as the Justice Department and Department of Homeland Security, have assumed an unprecedented amount of authority to detain and spy on individuals. Yet the public has been kept unaware of how these powers have been used. Government secrecy is a concept completely at odds with the idea of government accountability. As U.S. District Court Judge Damon Keith said on the need to open up deportation hearings, "Democracy dies behind closed doors."

Bill Introduced To Examine National Security Policies (04/30/2009)
WASHINGTON – A bill introduced in the House of Representatives today would create a congressional committee to examine national security policies including those related to torture, detention and surveillance. The Select Committee on National Security and Civil Liberties Act of 2009, introduced by Congresswoman Barbara Lee (D-CA), Judiciary Chairman John Conyers (D-MI and Robert Wexler (D-FL), would study the development, implementation and effectiveness of past and present U.S. government practices

Investigation Ordered Into Virginia Fusion Center Document (04/30/2009)
WASHINGTON – Following the American Civil Liberties Union’s criticism regarding a controversial Virginia Fusion Center terrorism assessment report, Virginia Governor Timothy M. Kaine has announced that he will investigate the practices of the secretive center located in Virginia. The ACLU raised constitutional concerns about the report’s focus on First Amendment protected activities when it was made public this month. The document characterized the “diversity” surrounding a Virginia military base and the state’s “historically black” colleges as possible recruiting grounds for terrorists.

Attorney General Issues New Freedom Of Information Act Guidelines (03/19/2009)
WASHINGTON – New Freedom of Information Act (FOIA) guidelines calling for a “presumption of openness” were issued today by Attorney General Eric Holder. The guidelines, fulfilling the directive of a presidential memorandum issued in January, overturn the “Ashcroft doctrine” of the Bush administration that allowed the government to withhold information requested through FOIA whenever legally possible. The attorney general’s announcement comes during “Sunshine Week” and follows the introduction of legislation aimed at strengthening FOIA in the Senate

Legislation Introduced To Strengthen Freedom of Information Act (03/18/2009)
WASHINGTON – The Senate this week signaled its intention to improve government transparency as Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced legislation to improve and strengthen the Freedom of Information Act (FOIA). The OPEN FOIA Act’s introduction follows a January presidential memorandum directing government agencies to comply swiftly and thoroughly with FOIA requests. The American Civil Liberties Union welcomes the legislation.

Both Houses Of Congress Urge State Secrets Reform (02/11/2009)
WASHINGTON – Following introduction of a similar bill in the House, the Senate today dropped its version of a bill aimed at narrowing the use of the controversial state secrets privilege. Like its counterpart in the House, the Senate bill will give greater power to judges to review claims of state secrets by the government. The legislation was introduced by both the Chairman and Ranking Member of the Judiciary Committee, Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA), as well as Senators Russ Feingold (D-WI) and Ted Kennedy (D-MA).

Emergency Motion to Open Oral Argument in Edmonds v. Department of Justice (04/20/2005)

Opinion and Order in ACLU v. DOD (09/15/2004)

ACLU Letter to Secretary of State Hillary Clinton Asking For Clarification On Position of the U.S. Blocking Disclosure By A British Court Of Its Report On Allegations Of Torture (02/04/2009)
The ACLU is strongly urging the State Department to clarify the position of the United States on the publication of the full judgment in a lawsuit brought by a Guantanamo detainee, Binyam Mohamed, in a British court.

Testimony of ACLU Legal Director, Steven R. Shapiro, Before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties Regarding The State Secrets Protection Act of 2008 (07/31/2008)

Testimony of Caroline Fredrickson on Overclassification Before the House Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment (06/11/2008)

ACLU One Pager on the State Secrets Protection Act of 2007, H.R. 5607 (06/03/2008)

ACLU Letter to the Senate Judiciary Committee Responding to Attorney General Mukasey's Stance on S. 2433, "State Secrets Protection Act" (04/03/2008)