{{Short description|American attorney (born 1973)}} {{Use mdy dates|date=July 2019}} {{Infobox officeholder |name = Rachel Brand |image = Rachel Brand official photo.jpg |caption = Brand in September 2017 |office = 18th United States Associate Attorney General |president = Donald Trump |term_start = May 22, 2017 |term_end = February 20, 2018 |predecessor = Tony West (2014) |successor = Vanita Gupta (2021) |office1 = Member of the Privacy and Civil Liberties Oversight Board |nominator1 = Barack Obama |term_start1 = August 2012 |term_end1 = February 2017 |predecessor1 = Francis X. Taylor<ref>{{cite web |url=https://fas.org/sgp/crs/misc/RL34385.pdf |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |publisher=Garrett Hatch |date=August 27, 2012 |access-date=December 30, 2018}}</ref> |successor1 = Jane Nitze |office2 = United States Assistant Attorney General for the Office of Legal Policy |president2 = George W. Bush |term_start2 = March 28, 2005 |term_end2 = July 9, 2007<br>Acting: March 28, 2005 – July 28, 2005 |predecessor2 = Daniel Bryant |successor2 = Elisebeth Cook |birth_name = Rachel Lee Brand |birth_date = {{Birth date and age|1973|5|1}} |birth_place = Muskegon, Michigan, U.S. |death_date = |death_place = |party = |spouse = Jonathan Cohn |children = 2 |education = University of Minnesota Morris (BA)<br>Harvard University (JD) }} '''Rachel Lee Brand''' (born May 1, 1973) is an American lawyer, academic, and former government official. She served as the United States Associate Attorney General from May 22, 2017, until February 20, 2018, when she resigned to take a job as head of global corporate governance at Walmart.<ref name=":1">{{Cite news|url=https://www.businessinsider.com/rachel-brand-resigns-justice-department-russia-investigation-2018-2?op=1|title=The person next in line to oversee the Mueller investigation suddenly stepped down|last=Bryan|first=Logan|date=2018-02-09|work=Business Insider|access-date=2018-09-04}}</ref><ref name=":0">{{cite news |url=https://www.nytimes.com/2018/02/09/us/politics/rachel-brand-justice-department.html |title=No. 3 Official at the Justice Department Is Stepping Down |access-date=February 9, 2018 |date=February 9, 2018 |work=The New York Times |author=Katie Benner |url-status=live |archive-url=https://web.archive.org/web/20180209214822/https://www.nytimes.com/2018/02/09/us/politics/rachel-brand-justice-department.html |archive-date=February 9, 2018}}</ref> Brand was the first woman to serve as Associate Attorney General.<ref name=post>{{cite news|last1=Horwitz|first1=Sari |title=Former Bush official Rachel Brand takes over No. 3 position at Justice Dept. |url=https://www.washingtonpost.com/world/national-security/former-bush-official-rachel-brand-takes-over-no-3-position-at-justice-dept/2017/05/25/75e3aa80-40bb-11e7-8c25-44d09ff5a4a8_story.html |access-date=June 7, 2017|newspaper=Washington Post|date=May 28, 2017|url-status=live |archive-url=https://web.archive.org/web/20170601110228/https://www.washingtonpost.com/world/national-security/former-bush-official-rachel-brand-takes-over-no-3-position-at-justice-dept/2017/05/25/75e3aa80-40bb-11e7-8c25-44d09ff5a4a8_story.html |archive-date=June 1, 2017}}</ref> She also served as Assistant Attorney General for the Office of Legal Policy in the George W. Bush administration and was appointed by President Barack Obama to serve on the Privacy and Civil Liberties Oversight Board. Prior to becoming Associate Attorney General, Brand was an associate professor at Antonin Scalia Law School.<ref>washingtonpost.com: [https://www.washingtonpost.com/world/national-security/third-highest-ranking-official-at-the-justice-department-stepping-down/2018/02/09/4fae32fc-0de5-11e8-8b0d-891602206fb7_story.html ''Third-highest ranking official at the Justice Department stepping down'']</ref><ref>http://www.justice.gov: [https://www.justice.gov/opa/pr/associate-attorney-general-leave-justice-department-private-sector ''Associate Attorney General to Leave Justice Department for Private Sector'']</ref>
==Early life and education== Brand was born in Muskegon, Michigan, and raised in Pella, Iowa,<ref>{{cite web|title=United States Senate Committee on the Judiciary Questionnaire for Nominees to Privacy and Civil Liberties Board |url=https://www.judiciary.senate.gov/imo/media/doc/RachelBrand-PublicQuestionnaire.pdf|publisher=U.S. Senate Judiciary Committee |access-date=June 16, 2017|url-status=live |archive-url=https://web.archive.org/web/20170514031325/https://www.judiciary.senate.gov/imo/media/doc/RachelBrand-PublicQuestionnaire.pdf|archive-date=May 14, 2017}}</ref><ref name="radioiowa">{{cite news|last1=Henderson|first1=O. Kay|title=Iowa native now #3 at U.S. Department of Justice|url=http://www.radioiowa.com/2017/05/18/iowa-native-now-3-at-us-department-of-justice/ |access-date=June 16, 2017|publisher=Radio Iowa|date=May 18, 2017|url-status=live |archive-url=https://web.archive.org/web/20170518201944/http://www.radioiowa.com/2017/05/18/iowa-native-now-3-at-us-department-of-justice/|archive-date=May 18, 2017}}</ref><ref name=post/> where she attended Pella Christian High School.<ref name="2017hearing">{{cite speech |last=Ernst |first=Joni |author-link=Joni Ernst |title=Introduction of Rachel Brand |event=Hearing on Rod Rosenstein and Rachel Brand Nominations before the Senate Judiciary Committee |date=March 7, 2017 |location=Washington, DC |url=https://www.c-span.org/video/?424989-1/deputy-associate-attorneys-general-testify-confirmation-hearing |url-status=live |archiveurl=https://web.archive.org/web/20170902010846/https://www.c-span.org/video/?424989-1%2Fdeputy-associate-attorneys-general-testify-confirmation-hearing |archivedate=September 2, 2017}}</ref> Brand studied at the University of Minnesota Morris from 1991 to 1995, graduating with high distinction and honors with a Bachelor of Arts in political science.
She then attended Harvard Law School, where she was deputy editor-in-chief of the ''Harvard Journal of Law and Public Policy''. She graduated in 1998 with a J.D. ''cum laude''.<ref name="2005Hearing">{{cite speech |last=Brand |first=Rachel L. |title=Biographical Information (Public) |event=Confirmation Hearing on the Nominations of Rachel L. Brand, Alice S. Fisher, and Regina B. Schofield to be Assistant Attorneys General (Hearing before the Committee on the Judiciary, United States Senate, 109th Congress, 1st Session) |date=May 12, 2005 |location=Washington, DC |publisher=Government Printing Office |url=https://www.gpo.gov/fdsys/pkg/CHRG-109shrg22785/pdf/CHRG-109shrg22785.pdf |accessdate=August 3, 2017 |language=English |url-status=live |archiveurl=https://web.archive.org/web/20161221041514/https://www.gpo.gov/fdsys/pkg/CHRG-109shrg22785/pdf/CHRG-109shrg22785.pdf |archivedate=December 21, 2016}}</ref> After graduating, Brand clerked for Massachusetts Supreme Judicial Court Justice Charles Fried in 1998–1999 and for U.S. Supreme Court Justice Anthony Kennedy in 2002–2003.<ref>{{cite web |title=Rachel Brand Former Assistant Attorney General, Office of Legal Policy United States Department of Justice |url=https://georgewbush-whitehouse.archives.gov/government/rbrand-bio.html|publisher=The White House|access-date=February 15, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170216135631/https://georgewbush-whitehouse.archives.gov/government/rbrand-bio.html |archive-date=February 16, 2017}}</ref> In 1999, she also served as General Counsel for Elizabeth Dole's presidential exploratory committee.<ref name="2005Hearing" /> From 1999 to 2000, Brand worked at the firm Cooper, Carvin, & Rosenthal, now known as Cooper & Kirk.<ref>{{cite news |last=Milbank |first=Dana |url=https://www.washingtonpost.com/archive/politics/2001/01/30/white-house-counsel-office-now-full-of-clinton-legal-foes/fb382fc0-c235-484b-947a-1b705ec40fd6/ |title=White House Counsel Office Now Full of Clinton Legal Foes |newspaper=The Washington Post |date=January 30, 2001 |access-date=May 18, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170731231156/https://www.washingtonpost.com/archive/politics/2001/01/30/white-house-counsel-office-now-full-of-clinton-legal-foes/fb382fc0-c235-484b-947a-1b705ec40fd6/ |archive-date=July 31, 2017}}</ref>
==Career== === Bush administration (2000–2007) === thumb|Brand in 2005 Brand was part of the legal team representing George W. Bush during the 2000 United States presidential election recount in Florida,<ref name=politico/> and also served briefly as associate counsel in Bush's transition team.<ref name="2005Hearing" /> Brand later served as President Bush's assistant counsel and associate counsel.<ref name="WapoMilbank">{{cite news |title=White House Counsel Office Now Full of Clinton Legal Foes |last=Milbank|first=Dana |url=https://www.washingtonpost.com/archive/politics/2001/01/30/white-house-counsel-office-now-full-of-clinton-legal-foes/fb382fc0-c235-484b-947a-1b705ec40fd6/ |newspaper=The Washington Post |date=January 30, 2001 |access-date=May 3, 2019}}</ref><ref name="HLT">{{cite news |title=Scarramucci and other alumni among Trump's recent appointees |url=https://today.law.harvard.edu/alumni-among-trumps-recent-appointees/ |work=Harvard Law Today |date=July 26, 2017 |access-date=May 3, 2019}}</ref> Beginning in 2003,<ref name="2005Hearing" /> she served as an Assistant Attorney General for the Office of Legal Policy in the George W. Bush administration where she helped shepherd the Supreme Court nominations of John Roberts and Samuel Alito.<ref name="politico">{{cite news|last1=Shenon|first1=Philip|title=The Obscure Lawyer Who Might Become the Most Powerful Woman in Washington|url=https://www.politico.com/magazine/story/2017/06/16/justice-department-rachel-brand-215270/ |access-date=June 19, 2017|publisher=Politico|date=June 16, 2017|url-status=live |archive-url=https://web.archive.org/web/20170630140351/http://www.politico.com/magazine/story/2017/06/16/justice-department-rachel-brand-215270|archive-date=June 30, 2017}}</ref> Brand's portfolio also included shaping the administration's position on reauthorization of the Patriot Act,<ref>{{cite news|last1=Goldstein|first1=Amy|title=Bush Is Told to Justify Executive Privilege|date=June 30, 2007|newspaper=The Washington Post|url=https://www.washingtonpost.com/wp-dyn/content/article/2007/06/29/AR2007062902082.html|access-date=August 4, 2017|url-status=live |archive-url=https://web.archive.org/web/20170804221911/http://www.washingtonpost.com/wp-dyn/content/article/2007/06/29/AR2007062902082.html|archive-date=August 4, 2017}}</ref> in which capacity she testified before the United States Senate Committee on the Judiciary on the benefits of using administrative subpoenas in terrorism investigations.<ref>{{cite speech |last=Brand |first=Rachel |title=Testimony of Rachel Brand |event=Hearing before the United States Senate Judiciary Committee, Subcommittee on Terrorism, Technology and Homeland Security: "Tools to Fight Terrorism: Subpoena Authority and Pretrial Detention of Terrorists" |date=June 22, 2004 |location=Washington, DC |url=https://www.judiciary.senate.gov/imo/media/doc/brand_testimony_06_22_04.pdf |access-date=August 4, 2017 |url-status=live |archiveurl=https://web.archive.org/web/20170207005958/http://www.judiciary.senate.gov/imo/media/doc/brand_testimony_06_22_04.pdf |archivedate=February 7, 2017}}</ref>
During her tenure at the Justice Department, Brand was tangentially involved in the controversy surrounding Attorney General Alberto Gonzales's dismissal of several United States Attorneys. She was floated by the department's leadership as a top candidate to replace Margaret Chiara, who was ousted as part of the purge.<ref>{{cite news |last1=Shane|first1=Scott|title=Political Résumé, Not Court, Stood Out for a Contender|work=The New York Times|date=April 14, 2007 |url=https://www.nytimes.com/2007/04/14/washington/14replace.html|access-date=August 3, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170804115232/http://www.nytimes.com/2007/04/14/washington/14replace.html|archive-date=August 4, 2017}}</ref> Brand ultimately declined the position, however, and resigned from the Department of Justice in June 2007.<ref>{{cite news |agency=Associated Press|title=Justice Department Official Resigns|date=June 30, 2007 |url=https://www.nytimes.com/2007/06/30/washington/30brfs-justice.html|work=The New York Times|access-date=August 3, 2017|url-status=live |archive-url=https://web.archive.org/web/20170804115127/http://www.nytimes.com/2007/06/30/washington/30brfs-justice.html |archive-date=August 4, 2017}}</ref>
After leaving the Justice Department, Brand worked for three years at WilmerHale.<ref name=post /> In 2008, John McCain, then a candidate for the Republican Party's presidential nomination, named Brand to his Justice Advisory Committee, which would have recommended judicial nominees to McCain were he elected.<ref>{{cite news|last1=Eilperin|first1=Juliet|title=McCain Says He Would Put Conservatives on Supreme Court|date=May 7, 2009|newspaper=The Washington Post|url=https://media.washingtonpost.com/wp-dyn/content/article/2008/05/06/AR2008050602527.html|archive-url=https://web.archive.org/web/20080507190352/http://media.washingtonpost.com/wp-dyn/content/article/2008/05/06/AR2008050602527.html|url-status=dead|archive-date=May 7, 2008|access-date=August 4, 2017}}</ref>
=== Privacy and Civil Liberties Oversight Board (2012–2017) === In 2012, Brand was appointed by President Barack Obama to serve on the Privacy and Civil Liberties Oversight Board (PCLOB).<ref>{{cite news|last1=Hendrickson|first1=Dan|title=Iowan Nominated To Serve In Trump Justice Department |url=http://whotv.com/2017/02/01/iowan-nominated-to-serve-in-trump-justice-department/|access-date=February 15, 2017|publisher=NBC 13 |date=February 1, 2017|url-status=live|archive-url=https://web.archive.org/web/20170216135840/http://whotv.com/2017/02/01/iowan-nominated-to-serve-in-trump-justice-department/|archive-date=February 16, 2017}}</ref> She was confirmed on August 2, 2012 to a term ending January 29, 2017.<ref>{{cite report |author=Privacy and Civil Liberties Oversight Board |author-link=Privacy and Civil Liberties Oversight Board |date=January 23, 2014 |title=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 |url=https://www.pclob.gov/library/215-Report_on_the_Telephone_Records_Program.pdf |page=3, fn. 12 |access-date=August 4, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170828203122/https://www.pclob.gov/Library/215-Report_on_the_Telephone_Records_Program.pdf |archive-date=August 28, 2017}}</ref>
Brand dissented from several recommendations included in the PCLOB's 2014 report on NSA's bulk metadata collection program under section 215 of the USA PATRIOT Act. She declined to join in the Board's view that the program was illegal as a statutory matter and argued that, in policy terms, it struck a justifiable balance between privacy and national security and, as such, should not be discontinued.<ref>{{cite report |last=Brand |first=Rachel |date=January 23, 2014 |chapter=Annex A: Separate Statement by Board Member Rachel Brand |title=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 |chapter-url=https://www.pclob.gov/library/215-Report_on_the_Telephone_Records_Program.pdf |pages=209–13 |access-date=August 4, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170828203122/https://www.pclob.gov/Library/215-Report_on_the_Telephone_Records_Program.pdf |archive-date=August 28, 2017}}</ref> The Board, for its part, had recommended the program's termination.<ref>{{cite report |author=Privacy and Civil Liberties Oversight Board |author-link=Privacy and Civil Liberties Oversight Board |date=January 23, 2014 |title=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 |url=https://www.pclob.gov/library/215-Report_on_the_Telephone_Records_Program.pdf |pages=16–17 |access-date=August 4, 2017 |url-status=live |archive-url=https://web.archive.org/web/20170828203122/https://www.pclob.gov/Library/215-Report_on_the_Telephone_Records_Program.pdf |archive-date=August 28, 2017}}</ref>
=== Associate Attorney General (2017–2018) === [[File:Attorney General Sessions on the Swearing in of Rachel Brand as Associate Attorney General, May 22, 2017 (02).jpg|thumb|Brand being sworn in as United States Associate Attorney General by Attorney General Jeff Sessions in May 2017]] On February 1, 2017, President Donald Trump nominated Brand to be United States Associate Attorney General.<ref>{{cite news|url=http://www.oskaloosa.com/news/locals-friends-comment-on-rachel-brand-nomination-for-associate-attorney/article_4ba79ab2-61f8-5f1b-b52b-e9dae9fc50f8.html|title=Locals, friends comment on Rachel Brand nomination for associate attorney general|date=February 8, 2017|work=Oskaloosa Herald|agency=The Pella Chronicle |last1=Goetz|first1=Ethan |access-date=February 15, 2017}}</ref> Her appointment was confirmed 52–46 by the U.S. Senate on May 18, 2017,<ref>{{cite news |last1=Cohen|first1=Kelly|title=Senate confirms Rachel Brand as associate attorney general |url=http://www.washingtonexaminer.com/senate-confirms-rachel-brand-as-associate-attorney-general/article/2623492|access-date=May 18, 2017|work=Washington Examiner|date=May 18, 2017|url-status=live |archive-url=https://web.archive.org/web/20170518183223/http://www.washingtonexaminer.com/senate-confirms-rachel-brand-as-associate-attorney-general/article/2623492|archive-date=May 18, 2017}}</ref> and she was sworn in on May 22, 2017.
The reauthorization of the 702 section of the surveillance law was a job assignment of the subject according to CNN.<ref>Jarrett, Laura. (January 19, 2018). "Meet the Justice Department's FISA closer." [http://www.cnn.com/2018/01/18/politics/rachel-brand-702-fisa-closer/index.html CNN website] {{webarchive|url=https://web.archive.org/web/20180204070213/http://www.cnn.com/2018/01/18/politics/rachel-brand-702-fisa-closer/index.html |date=February 4, 2018}}</ref> Combating human trafficking was one of Brand's stated priorities as Associate Attorney General.<ref name="Gurman">{{cite news |title=No. 3 Justice Department official Rachel Brand stepping down amid turmoil |last1=Gurman |first1=Sadie |url=https://www.chicagotribune.com/news/nationworld/politics/ct-justice-department-resignation-rachel-brand-20180209-story.html |work=The Associated Press |date=February 9, 2018 |access-date=May 3, 2019}}</ref><ref name="Viswanatha">{{cite news |title=Rachel Brand Stepping Down as Justice Department's No. 3 |last1=Viswanatha |first1=Aruna |last2=Wilber |first2=Del Quentin |url=https://www.wsj.com/articles/rachel-brand-stepping-down-as-justice-departments-no-3-1518220293 |work=The Wall Street Journal |date=February 9, 2018 |access-date=May 3, 2019}}</ref> At the Department of Justice, Brand authored a memorandum entitled "Limiting Use of Agency Guidance Documents In Affirmative Civil Enforcement Cases," which was called the "Brand memo". The document forbade DOJ litigators from bringing enforcement actions based on unenforceable guidance documents.<ref name="NLR">{{cite news |title=DOJ Updates its Justice Manual to Include Section Limiting Use of Guidance Documents in Litigation |url=https://www.natlawreview.com/article/doj-updates-its-justice-manual-to-include-section-limiting-use-guidance-documents |work=National Law Review |date=January 7, 2019 |access-date=May 3, 2019}}</ref>
On February 9, 2018, ''The New York Times'' reported that Brand, along with her assistant Currie Gunn, had resigned from the Justice Department. ''The New York Times'' reported that Brand oversaw "a wide swath of the Justice Department" and helped lead the department's effort to extend Section 702 of the FISA Amendments Act that "authorizes the National Security Agency's warrantless surveillance program."<ref name=":0" /><ref>{{Cite news|url=https://www.washingtonpost.com/opinions/the-governments-ability-to-fight-terrorism-is-in-peril/2017/12/14/e4da9dd6-e0e8-11e7-89e8-edec16379010_story.html|title=Opinion {{!}} The government's ability to fight terrorism is in peril|newspaper=Washington Post|language=en|access-date=2018-08-05}}</ref>
===Walmart=== On February 12, 2018, NBC News reported that Brand quit the Justice Department over fear she might be asked to oversee the Russia probe and had taken a position with Walmart as executive vice president of global governance and corporate secretary.<ref name=":1" /><ref>{{Cite news|url=https://www.nbcnews.com/politics/justice-department/justice-department-official-brand-leaves-partly-over-fear-she-might-n847156|title=Top DOJ official quit partly over fear she might be asked to oversee Russia probe|work=NBC News|access-date=2018-08-05|language=en-US}}</ref> As executive vice president of global governance, chief legal officer, and corporate secretary, Brand is in charge of the legal department, global ethics, compliance, and investigations.<ref name="Viswanatha"/><ref name="Reisinger">{{cite news |title=No. 3 Justice Department official Rachel Brand stepping down amid turmoil |last1=Reisinger |first1=Sue |url=https://www.law.com/corpcounsel/2018/12/14/walmart-says-global-ethics-and-compliance-chief-jay-jorgensen-is-leaving/ |work=Law.com |date=December 14, 2018 |access-date=May 3, 2019}}</ref> In September 2025, Walmart announced Brand's plan to depart Walmart on January 31, 2026.<ref>{{Cite web |last=Baxter |first=Brian |date=September 17, 2025 |title=Walmart Legal Chief Brand Preparing to Leave Retail Giant |url=https://news.bloomberglaw.com/business-and-practice/walmart-legal-chief-rachel-brand-preparing-to-leave-retail-giant |access-date=September 24, 2025 |website=Bloomberg Law}}</ref>
=== Other professional activities === Brand has served as Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce.<ref>{{Cite news|url=https://www.uschamber.com/press-release/us-chamber%E2%80%99s-litigation-center-names-rachel-brand-chief-counsel-regulatory-litigation|title=U.S. Chamber's Litigation Center Names Rachel Brand Chief Counsel for Regulatory Litigation and Kate Comerford Todd Chief Counsel for Appellate Litigation|work=U.S. Chamber of Commerce|access-date=March 28, 2017|language=en|url-status=live |archive-url=https://web.archive.org/web/20170329145608/https://www.uschamber.com/press-release/us-chamber%E2%80%99s-litigation-center-names-rachel-brand-chief-counsel-regulatory-litigation|archive-date=March 29, 2017}}</ref> As Chief Counsel with the Chamber, Brand was on the brief for respondent Noel Canning in the landmark Supreme Court decision ''NLRB v. Noel Canning''.<ref>''NLRB v. Noel Canning'', docket no. 12-1281 (Supreme Court of the United States). [https://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v3/12-1281_resp.authcheckdam.pdf Brief of Respondent Noel Canning] {{webarchive|url=https://web.archive.org/web/20170804014138/https://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v3/12-1281_resp.authcheckdam.pdf |date=August 4, 2017 }}.</ref>
Brand formerly served as the chairman of the Federalist Society's Litigation Practice Group and as co-chair of the American Bar Association Administrative Law Section's Government Information and Right to Privacy Committee.<ref>{{cite web|title=Rachel Brand |url=https://www.law.gmu.edu/faculty/directory/fulltime/brand_rachel|publisher=Scalia Law School|access-date=May 18, 2017|url-status=dead |archive-url=https://web.archive.org/web/20170216132420/http://www.law.gmu.edu/faculty/directory/fulltime/brand_rachel|archive-date=February 16, 2017}}</ref>
== Policy positions == [[File:Rachel Brand podium.jpg|thumb|Brand speaking on the Department of Justice's efforts to combat human trafficking in February 2018]] In 2015, Brand expressed support for revised guidelines issued by Director of National Intelligence James Clapper, arguing that they represented a welcome shift in the intelligence community away from what she termed its historical "reflexive secrecy."<ref>{{cite news|last1=Brand|first1=Rachel|title=Transparency in the Intelligence Community |work=Lawfare|date=November 2, 2015|url=https://www.lawfaremedia.org/article/transparency-intelligence-community|access-date=August 3, 2017 |url-status=live|archive-url=https://web.archive.org/web/20240113123258/https://www.lawfaremedia.org/article/transparency-intelligence-community |archive-date=January 13, 2024}}</ref> She has also suggested that the National Security Agency ought to develop a set of guidelines beyond the Fair Information Practice Principles, which she alleges are insufficient in the intelligence-gathering context, to govern its own approach to privacy.<ref>{{cite news|last1=Brand|first1=Rachel|title=Memo to NSA: Stop Saying You Apply the FIPPs |work=Lawfare|date=November 25, 2014|url=https://www.lawfaremedia.org/article/memo-nsa-stop-saying-you-apply-fipps|access-date=August 3, 2017 |url-status=live|archive-url=https://web.archive.org/web/20240113131426/https://www.lawfaremedia.org/article/memo-nsa-stop-saying-you-apply-fipps |archive-date=January 13, 2024}}</ref>
In a 2008 publication for The Heritage Foundation, Brand argued against, and proposed various solutions to, what she termed the "over-federalization" of criminal law in the United States.<ref>{{cite journal|last1=Brand|first1=Rachel|title=Making It a Federal Case: An Inside View of the Pressures to Federalize Crime |journal=Legal Memorandum|issue=30|date=August 29, 2008|url=http://www.heritage.org/report/making-it-federal-case-inside-view-the-pressures-tofederalize-crime|page=1|access-date=August 3, 2017|url-status=unfit |archive-url=https://web.archive.org/web/20170804061651/http://www.heritage.org/report/making-it-federal-case-inside-view-the-pressures-tofederalize-crime|archive-date=August 4, 2017}}</ref>
== See also == * List of law clerks of the Supreme Court of the United States (Seat 1)
== References == {{Reflist}}
== External links == * [https://web.archive.org/web/20170722065624/https://www.justice.gov/asg/staff-profile/meet-associate-attorney-general US Department of Justice] biography * {{C-SPAN|1017594}}
{{s-start}} {{s-legal}} {{s-bef|before=Daniel Bryant}} {{s-ttl|title={{nowrap|United States Assistant Attorney General for the Office of Legal Policy}}|years=2005–2007}} {{s-aft|after=Elisebeth Cook}} |- {{s-bef|before=Tony West}} {{s-ttl|title={{nowrap|United States Associate Attorney General}}|years=2017–2018}} {{s-aft|after=Vanita Gupta}} |- {{s-gov}} {{s-bef|before=Francis X. Taylor<ref>{{cite web|url=https://fas.org/sgp/crs/misc/RL34385.pdf |title=Privacy and Civil Liberties Oversight Board: New Independent Agency Status |publisher=Garrett Hatch |date=August 27, 2012 |access-date=December 30, 2018}}</ref>}} {{s-ttl|title={{nowrap|Member of the Privacy and Civil Liberties Oversight Board}}|years=2012–2017}} {{s-aft|after=Jane Nitze}} {{s-end}}
{{Authority control}}
{{DEFAULTSORT:Brand, Rachel Lee}} Category:1973 births Category:Living people Category:20th-century American women lawyers Category:20th-century American lawyers Category:21st-century American women lawyers Category:21st-century American lawyers Category:American people of Dutch descent Category:American women legal scholars Category:Antonin Scalia Law School faculty Category:George W. Bush administration personnel Category:Harvard Law School alumni Category:Iowa lawyers Category:Law clerks of the Supreme Court of the United States Category:Lawyers from Washington, D.C. Category:People from Muskegon, Michigan Category:First Trump administration personnel Category:United States assistant attorneys general for the Office of Legal Policy Category:United States associate attorneys general Category:University of Minnesota Morris alumni Category:Walmart people Category:Wilmer Cutler Pickering Hale and Dorr people Category:20th-century American legal scholars Category:21st-century American legal scholars