Executive Privilege


Book Description

Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.




Executive Secrecy and Democratic Politics


Book Description

This book investigates the parliamentary negotiation of executive secrecy. Parliaments depend on information to fulfil their roles as the people's representatives, legislators and overseers of the executive. However, there are examples of executive secrecy across all policy fields. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? This volume analyses parliamentary arguments, conflicts and patterns of agreement around this topic in the case of Germany. Based on two case studies - intelligence agencies secrecy and Public Private Partnership secrecy - it argues that substantive justifications of secrecy focusing on necessity are highly contested. By contrast, procedural legitimation of secrecy, namely deciding about it democratically, is crucial. Still, there are inherent limits to the legitimation of executive secrecy. The book therefore underlines the fragility of secrecy's legitimation, and its need for constant actualisation. Dorothee Riese is a political scientist currently working at Fernuniversität Hagen after appointments at Leipzig University and Universiteit Leiden, The Netherlands. She studied at Leipzig University and Sciences Po Paris and obtained her PhD from Leiden University. Dorothee is the 2017 Rudolf-Wildenmann-Prize winner for a paper on Public Private Partnership secrecy.




Secrecy and Publicity


Book Description




Executive Secrecy and Democratic Politics


Book Description

This book investigates the parliamentary negotiation of executive secrecy. Parliaments depend on information to fulfil their roles as the people’s representatives, legislators and overseers of the executive. However, there are examples of executive secrecy across all policy fields. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? This volume analyses parliamentary arguments, conflicts and patterns of agreement around this topic in the case of Germany. Based on two case studies – intelligence agencies secrecy and Public Private Partnership secrecy – it argues that substantive justifications of secrecy focusing on necessity are highly contested. By contrast, procedural legitimation of secrecy, namely deciding about it democratically, is crucial. Still, there are inherent limits to the legitimation of executive secrecy. The book therefore underlines the fragility of secrecy’s legitimation, and its need for constant actualisation.




Presidential Privilege and the Freedom of Information Act


Book Description

Tells the story behind the development of the Freedom of Information Act and explores its legacy today The Freedom of Information Act, developed at the height of the Cold War, highlighted the power struggles between Congress and the president in that tumultuous era. By drawing on previously unseen primary source material and exhaustive archival research, this book reveals the largely untold and fascinating narrative of the development of the FOIA, and demonstrates how this single policy issue transformed presidential behaviour. The author explores the policy's lasting influence on the politics surrounding contemporary debates on government secrecy, public records and the public's 'right to know', and examines the modern development and use of 'executive privilege'.







Democracy in the Dark


Book Description

“A timely and provocative book exploring the origins of the national security state and the urgent challenge of reining it in” (The Washington Post). From Dick Cheney’s man-sized safe to the National Security Agency’s massive intelligence gathering, secrecy has too often captured the American government’s modus operandi better than the ideals of the Constitution. In this important book, Frederick A.O. Schwarz Jr., who was chief counsel to the US Church Committee on Intelligence—which uncovered the FBI’s effort to push Martin Luther King Jr. to commit suicide; the CIA’s enlistment of the Mafia to try to kill Fidel Castro; and the NSA’s thirty-year program to get copies of all telegrams leaving the United States—uses examples ranging from the dropping of the first atomic bomb and the Cuban Missile Crisis to Iran–Contra and 9/11 to illuminate this central question: How much secrecy does good governance require? Schwarz argues that while some control of information is necessary, governments tend to fall prey to a culture of secrecy that is ultimately not just hazardous to democracy but antithetical to it. This history provides the essential context to recent cases from Chelsea Manning to Edward Snowden. Democracy in the Dark is a natural companion to Schwarz’s Unchecked and Unbalanced, cowritten with Aziz Huq, which plumbed the power of the executive branch—a power that often depends on and derives from the use of secrecy. “[An] important new book . . . Carefully researched, engagingly written stories of government secrecy gone amiss.” —The American Prospect




Presidential Secrecy and the Law


Book Description

Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come.




None of Your Business


Book Description

Such individuals as Jeremy Stone, Daniel Ellsberg, and Anthony Lewis offer diverse viewpoints on the power and political dangers of government secrecy.




Reclaiming Accountability


Book Description

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.