Democracy & Rule of Law
Rule of Law
941 Articles
![A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2019/12/Screen-Shot-2019-12-30-at-9.54.22-PM-e1578422584340.png?fit=1024%2C418&ssl=1)
Did the Trump Administration Abuse the Redactions Process?
The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database
Selective Disclosure of OLC legal Opinions Isn’t Enough
The ad hoc release of OLC opinions raises more fundamental questions about the role of the OLC and the public’s right to know how the executive branch interprets the law.
Barr’s Personal, Ad Hoc Declassification Authority and the Role of Congress
Much of Washington is fixated for varying reasons on the release of the report from Michael Horowitz, the Justice Department’s Inspector General, on the origins of the FBI’s…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
Trump and GOP Call to ID Whistleblower Exposes Glaring Gaps in Protections
There are punishments for disclosing a whistleblower's identity in such a case. But the entire system is a patchwork of laws that needs to be rethought.
Top DoD Lawyer Stresses U.S. Compliance with the Rule of Law in Military Operations
On September 3, 2019, Paul Ney, the General Counsel of the U.S. Department of Defense (DoD), delivered the Charney Distinguished Lecture in International Law at Vanderbilt Law…
Interpol Proves Critics Right in Choosing Turkey to Host General Assembly
Allowing Turkey to host the general assembly could be used by Interpol as an opportunity to rein in despotic regimes abusing the Red Notice system for political gain. Unfortunately,…
Career U.S. Officials Testifying to Congress: A Guide from Co-Equal
For over 100 years, federal statutes have protected the right of federal employees to communicate with Congress. Career employees across agencies and positions have routinely provided…
Whistleblowing in Washington: Lessons Learned and Unlearned
A compelling first-hand account illustrates the institutional headwinds facing whistleblowers. To create the space they need to help increase accountability in government will…
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
Open Letter Explains How Responsible Whistleblowers Make America Safer
An open letter, now signed by over 100 former national security officials from Republican and Democratic administrations, explains that responsible whistleblowers help ensure wrongdoing…