Rule of Law

I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.

U.S. courts have been reluctant to extend the same protections they afford domestic informants to employees of American companies based abroad.

Democratic norms may erode further in 2020, says Freedom House. The fundamental rights of West Africa’s nearly 400 million people are in jeopardy.

New unredacted emails confirm that OMB, including the general counsel’s office, was fully in the loop about the Pentagon’s Ukraine funding worries, and took active steps to…

As we discussed with one of the authors of the book, How Democracies Die, the purges fit an ominous path followed by elected autocrats.

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…

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…

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…

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.

Key Legal Questions, With Preview of a New Research Database

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.

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…