Earlier today, the New York Times reported that President Trump threatened to terminate Democratic Members of the Privacy and Civil Liberties Oversight Board (PCLOB) if they do not resign by January 23. This action would leave the board without the quorum necessary to conduct investigations and issue reports vital for protecting civil liberties in governmental anti-terrorism programs.
Alexandra Reeve Givens, President of the Center for Democracy & Technology (CDT), responded with a statement: "President Trump’s attempt to expel members of the Privacy and Civil Liberties Oversight Board is a brazen effort to destroy an independent watchdog that has protected Americans and exposed surveillance abuse under Democratic and Republican administrations alike."
Givens emphasized the importance of PCLOB, stating, "PCLOB was created specifically to provide oversight over the kinds of government actions where the need for secrecy makes people most vulnerable to abuses of power." She warned that this move could impact trans-Atlantic trade and data sharing agreements reliant on PCLOB's oversight assurances.
She urged Congress not to ignore this threat, saying, "Congress cannot ignore this threat to erode a key agency charged with protecting Americans’ fundamental freedoms. The Senate must focus on this in the forthcoming confirmation votes for intelligence community leaders and take bipartisan action to ensure the PCLOB can continue its vital work with the independence that is critical to its operations."
The Privacy and Civil Liberties Oversight Board has functioned as a bipartisan independent oversight entity for nearly two decades. It has played a crucial role in providing public information about misuse and false claims over intelligence surveillance. Notably, one of its early reports debunked claims from the Intelligence Community regarding an expiring provision of the USA PATRIOT Act. Last year, PCLOB issued a report on FISA Section 702 that highlighted legal abuses.
The board was recommended by the 9/11 Commission and established as an independent entity in 2007 through bipartisan support. The members President Trump seeks to remove were confirmed unanimously by voice vote in the Senate. The last time PCLOB lost its quorum due to re-organization, it took more than four years for restoration.
The Center for Democracy & Technology (CDT) is a leading nonpartisan nonprofit organization advocating for civil rights and liberties in the digital age. Established in 1994, CDT focuses on technology policy with equity and democratic values at its core.
