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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.

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Rachel L. Brand