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Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results.
With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.
Frederick A.O. Schwarz Jr. is chief counsel at the Brennan Center for Justice at NYU School of Law and a partner at Cravath, Swaine & Moore. He was chief counsel to the Church Committee. He is the author of Democracy in the Dark: The Seduction of Government Secrecy and a co-author, with Aziz Z. Huq, of Unchecked and Unbalanced: Presidential Power in a Time of Terror (both from The New Press). He lives in New York City.
Aziz Z. Huq is the Frank and Bernice J. Greenberg Professor of Law and associate professor of sociology at the University of Chicago and former director of the Brennan Center’s Liberty and National Security Project. He is the author of several books including Unchecked and Unbalanced (co-authored with Frederick A.O. Schwarz) and the co-editor (with Erwin Chemerinsky) of Fight Back (both from The New Press) and has written for outlets including The New York Times, The Atlantic, and the London Review of Books. He lives in Chicago.