Democracy & Rule of Law
Rule of Law
945 Articles
The Friday Night Massacre’s Broader Context: Trump’s Redesign for American Democracy
As we discussed with one of the authors of the book, How Democracies Die, the purges fit an ominous path followed by elected autocrats.
How Late DCI William Colby Saved the CIA, and What That Can Teach Us Today
His willingness to tell truth to power and the challenges he faced in overseeing previously unimagined institutional reforms offer important lessons at this momentous juncture…
The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes
A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…
How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?
To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
![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,…