American Civil Liberties Union

During his State of the Union Address a few weeks back, President Obama promised:

[I]n the months ahead, I will continue to engage Congress to ensure not only that our targeting, detention and prosecution of terrorists remains consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world.

Secret law exists inside the United States.

As we wrote a few weeks ago, one of the main issues discussed on the Senate floor during the FISA debate was secret law.  Under the law,  the Foreign Intelligence Surveillance Court makes secret interpretations and secret rulings about something that should never be secret: our constitutional rights. Sen.  Jeff Merkley (D-OR) fought for an amendment that would have required the administration to release the court’s opinions, to provide unclassified summaries of them, or to certify how many there are and why they can’t be released.

Last week, nearly four years after President Obama closed the CIA’s Detention, Interrogation and Rendition Program, the American public is one step closer to learning the truth about a program that sanctioned the torture of terrorism suspects. To date, it has remained shrouded in secrecy, tarnishing our international reputation and severely damaging our nation’s security. Under the leadership of Sen. Dianne Feinstein (D-CA), the Senate Select Committee on Intelligence has voted to adopt a 6000-plus page report, based on an analysis of more than six million pages of CIA records, detailing the findings of the committee’s three-year investigation into the program. We urge the committee to publicly release the document with as few redactions as possible.

The Senate is once again debating the National Defense Authorization Act (NDAA), and is within a day or two of voting yet again on the issue of indefinite detention without charge or trial in the United States itself.

Last year, Congress passed the NDAA and made permanent very broad authority for the military to throw civilians into prison without charge or trial. While military detention without charge or trial is illegal in the United States, some key senators urged that even American citizens and others picked up in the United States could be detained under NDAA.