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Rachel L. Brand

Board member, August 2012 - February 2017

Rachel Brand served as a Member of the Privacy and Civil Liberties Oversight Board from August 2012 - February 2017. Her prior government experience includes serving as the Assistant Attorney General for Legal Policy at the U.S. Department of Justice after being confirmed by the Senate and appointed by President George W. Bush. In that capacity, Ms. Brand served as chief policy adviser to the Attorney General, handling a broad range of national security, law enforcement, and civil justice issues. She also oversaw the development of all regulations promulgated by the Department of Justice and managed the Department’s role in selecting federal judges, including running the confirmation hearing preparation for Chief Justice John G. Roberts and Associate Justice Samuel Alito. Earlier, Ms. Brand served as Associate Counsel to President George W. Bush at the White House. She was a law clerk to Justice Anthony Kennedy of the Supreme Court of the United States and to Justice Charles Fried of the Supreme Judicial Court of Massachusetts. In addition to her government service, Ms. Brand was the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber Litigation Center and practiced law with two firms in Washington, D.C. She has taught as an adjunct professor at George Washington University Law School. She is a member of the Board of Directors of Doorways for Women and Families, the Chairman of the Federalist Society’s Litigation Practice Group, and Co-chair of the American Bar Association’s Government Information and Right to Privacy Committee. Ms. Brand graduated from Harvard Law School, where she served as deputy editor-in-chief of the Harvard Journal of Law and Public Policy, and earned a B.A. from the University of Minnesota-Morris.

Related media

VIDEO: PCLOB Board Member Rachel Brand Speaks on CSIS Panel, CSIS Conference, September 14, 2016.

Congressional testimony

Testimony and Responses to Questions for the Record of Rachel L. Brand, Member of the Privacy and Civil Liberties Oversight Board, before the United States Senate Committee on the Judiciary, May 10, 2016.

Hearing, Senate Judiciary Committee, “The Report of the Privacy and Civil Liberties Oversight Board on Reforms to the Section 215 Telephone Records Program and the Foreign Intelligence Surveillance Act”, February 12, 2014.

Separate statements to board reports and documents

Separate Statement of Rachel Brand concerning the Board's consideration of a proposed examination of intelligence activities governed by Executive Order 12333, April 8, 2015.

Separate Statement of Rachel Brand and Elisebeth Collins Cook concerning the Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, July 2, 2014.

Separate Statement of Rachel Brand concerning the Report on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court, January 23, 2014.

Articles and speeches

What Does Effective Intelligence Oversight Look Like?, Lawfareblog, May 3, 2016.

Reconciling Liberty and Security in 2016 (panel discussion), Center on National Security, Fordham University Law School, New York, NY, April 26, 2016.

Safeguarding Civil Liberties and Countering Terrorism,, University of Texas at Austin Intelligence Studies Project, March 20, 2016.

Remarks at the University of Chicago Law School, University of Chicago Law School, February 24, 2016.

Balance intelligence gathering and privacy, The Hill, December 15, 2015.

Transparency in the Intelligence Community", FedSoc Blog, October 29, 2015.

Speech at the 2015 Florida Appellate Court Education Conference, Ponte Vedra Beach, Florida, September 9, 2015.

What Congress gets wrong about NSA surveillance practices, Christian Science Monitor, May 20, 2015.

Remarks at the Vienna Parliamentary Forum on Intelligence-Security, Vienna Parliamentary, May 6, 2015.

Measuring Privacy and Security, Infocus, Winter 2015.

Memo to NSA: Stop Saying You Apply the FIPPS, Lawfare, November 25, 2014.

Discussion of PCLOB Sec. 702 Report, Federalist Society Teleforum, Aug. 14, 2014.

Panel Discussion on Balancing Privacy and Security at University of Florida Law School, University of Florida Law School, March 7, 2014.

Rachel L. Brand