An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.

ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.

This innovative teaching text on United States foreign policy interprets the foreign policy decision-making process through the lens of political debate and exchange. It introduces historical developments and theories of U.S. foreign policy and engages students in the politics of the foreign policy process through innovative learning exercises. Features critical analysis of contemporary trends in U.S. foreign policy, including debates in the Obama administration, foreign policy and the 2012 presidential election, and reaction to the Arab Spring Written by an award-winning teacher-scholar in international relations, with extensive experience in both policy making and pedagogy Views foreign policy decision making through the lends of political debate Offers fresh perspectives on historical developments as well as surveying prominent foreign policy theories Includes new and innovative participatory learning exercises exploring a range of themes including executive/ legislature conflict Contains extensive teaching and learning applications, including discussion questions, document templates, worksheets, suggested readings, and links to web resources throughout

The second edition of Secret Intelligence: A Reader brings together key essays from the field of intelligence studies, blending classic works on concepts and approaches with more recent essays dealing with current issues and ongoing debates about the future of intelligence. Secret intelligence has never enjoyed a higher profile. The events of 9/11, the conflicts in Iraq and Afghanistan, the missing WMD controversy, public debates over prisoner interrogation, together with the revelations of figures such as Edward Snowden, recent cyber attacks and the rise of 'hybrid warfare' have all contributed to make this a ‘hot’ subject over the past two decades. Aiming to be more comprehensive than existing books, and to achieve truly international coverage of the field, this book provides key readings and supporting material for students and course convenors. It is divided into four main sections, each of which includes full summaries of each article, further reading suggestions and student questions: • The intelligence cycle • Intelligence, counter-terrorism and security • Ethics, accountability and secrecy • Intelligence and the new warfare This new edition contains essays by leading scholars in the field and will be essential reading for students of intelligence studies, strategic studies, international security and political science in general, and of interest to anyone wishing to understand the current relationship between intelligence and policy-making.

Edward Snowden's release of classified NSA documents exposed the widespread government practice of mass surveillance in a democratic society. The publication of these documents, facilitated by three journalists, as well as efforts to criminalize the act of being a whistleblower or source, signaled a new era in the coverage of national security reporting. The contributors to Journalism After Snowden analyze the implications of the Snowden affair for journalism and the future role of the profession as a watchdog for the public good. Integrating discussions of media, law, surveillance, technology, and national security, the book offers a timely and much-needed assessment of the promises and perils for journalism in the digital age. Journalism After Snowden is essential reading for citizens, journalists, and academics in search of perspective on the need for and threats to investigative journalism in an age of heightened surveillance. The book features contributions from key players involved in the reporting of leaks of classified information by Edward Snowden, including Alan Rusbridger, former editor-in-chief of The Guardian; ex-New York Times executive editor Jill Abramson; legal scholar and journalist Glenn Greenwald; and Snowden himself. Other contributors include dean of Columbia Graduate School of Journalism Steve Coll, Internet and society scholar Clay Shirky, legal scholar Cass Sunstein, and journalist Julia Angwin. Topics discussed include protecting sources, digital security practices, the legal rights of journalists, access to classified data, interpreting journalistic privilege in the digital age, and understanding the impact of the Internet and telecommunications policy on journalism. The anthology's interdisciplinary nature provides a comprehensive overview and understanding of how society can protect the press and ensure the free flow of information.

Analyses the hitherto unexplored issues concerning transparency in key areas of international law.

Is the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

George W. Bush has been branded the worst president in history and forced to endure accusations that he abused his power while presiding over a "lawless" administration. Stephen Knott, however, contends that Bush has been treated unfairly, especially by presidential historians and the media. He argues that from the beginning scholars abandoned any pretense at objectivity in their critiques and seemed unwilling to place Bush's actions into a broader historical context. In this provocative book, Knott offers a measured critique of the professoriate for its misuse of scholarship for partisan political purposes, a defense of the Hamiltonian perspective on the extent and use of executive power, and a rehabilitation of Bush's reputation from a national security viewpoint. He argues that Bush's conduct as chief executive was rooted in a tradition extending as far back as George Washington-not an "imperial presidency" but rather an activist one that energetically executed its constitutional prerogatives. Given that one of the main indictments of Bush focuses on his alleged abuse of presidential war power, Knott takes on academic critics like Sean Wilentz and Arthur Schlesinger Jr. and journalists like Charlie Savage to argue instead that Bush conducted the War on Terror in a manner faithful to the Framers' intent-that in situations involving national security he rightly assumed powers that neither Congress nor the courts can properly restrain. Knott further challenges Bush's detractors for having applied a relatively recent, revisionist understanding of the Constitution in arguing that Bush's actions were out of bounds. Ultimately, Knott makes a worthy case that, while Bush was not necessarily a great president, his national security policies were in keeping with the practices of America's most revered presidents and, for that reason alone, he deserves a second look by those who have condemned him to the ash heap of history. All readers interested in the presidency and in American history writ large will find Rush to Judgment a deftly argued, perhaps deeply unsettling, yet balanced account of the Bush presidency-and a clarion call for a reexamination of how scholars determine presidential greatness and failure.

Winner, 2024 Book Award, Society for History in the Federal Government In 1974, the Hughes Glomar Explorer, ostensibly an advanced deep-sea mining vessel owned by reclusive billionaire Howard Hughes, lowered a claw-like contraption to the floor of the Pacific Ocean. This high-tech venture was only a cover story for an even more improbable scheme: a CIA mission to retrieve a sunken Soviet submarine. Like a Jules Verne novel with an Ian Fleming twist, the saga of the Glomar Explorer features underwater espionage, impossible gadgetry, and high-stakes international drama. It also marks a key moment in the history of transparency—and not just for what became known as the Glomar response: “We can neither confirm nor deny. . . . ” M. Todd Bennett plumbs the depths of government secrecy in this new account of the Glomar mission and its consequences. Trawling through recently declassified documents, he explores the logistics, media fallout, and geopolitical significance of one of the most ambitious operations in intelligence history. Glomar, Bennett argues, played a pivotal but underappreciated role in helping the CIA ward off oversight amid a push for transparency and accountability. He reframes the operation’s history to offer an alternative perspective on the 1970s, a decade known for expansive openness, as well as the persistent tension between the demands of democracy and the need for secrecy in foreign policy. Combining keen historical analysis and gripping storytelling, Neither Confirm nor Deny brings to the surface fresh insights into the history of the security state, the politics of intelligence, and the CIA’s relationship with the media and the public.