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We need "a bipartisan, independent investigatory Commission
to determine what has gone wrong with our policies and practices in confronting
terrorism since September 11, 2001, and to adopt a series of specific reforms
aimed at restoring checks and balances and the rule of law in order to reduce
risk of repetition of recent abuses," wrote Frederick A.O. Schwarz, Jr. in
testimony given to the Subcommittee on the Constitution, Civil Rights, and
Property Rights - Restoring the Rule of Law hearing.
Mr. Schwarz, Senior Counsel at the Brennan Center for Justice has
suggested:
1. "Create an Investigatory Commission to Conduct a Thorough
Accounting of National Security Policy and Its Systemic Flaws - We Know Enough
To Conclude There Is a Serious Problem -
Although A Lot is Known, This Country Still Needs An In-Depth
Investigation To Learn the Whole Truth, and To Decide What Needs To Be Done To
Remain True to Our Values and Better Protect Ourselves
Restoring Checks and Balances: Rectifying Recent Expansions of
Executive Authority and Creating Laws to Prevent Repeated Abuse
- Renounce the Unprecedented 'Monarchial Presidency' Theory
- Renounce the Use of Signing Statements to Circumvent the Law
-Enact a Law That Regulates the Invocation of Executive Privilege
in Response to Congressional Requests for Information
-Legislate To Limit the State Secrets Privilege
-Strengthen Congressional Oversight of Intelligence Activities
-Strengthen the Inspector General System and Other Internal Checks
and Balances
-Legislate to Reduce Excessive Secrecy and Over-Classification
-Disclose the Office of Legal Counsel's Legal Opinions That
Influence the Use of National Security Powers, and Consider Restructuring the
Office
-Make It Clear: No More Torture, No More 'Torture Lite'"
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