Democracy & Rule of Law
Rule of Law
945 Articles
Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President
Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?
After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…
Transparency on Civilian Harm in Somalia Matters – Not Just to Americans
"Under the Bush, Obama, and Trump administrations, much of the commentary on the use of lethal force in counterterrorism operations has focused on the importance of transparency…
What Has Bill Barr Done to Earn the Benefit of the Doubt?
Luppe Luppen critiques James Comey's and Benjamin Wittes's claim that the public should assume good faith on the part of Bill Barr.
Costs of War Can’t Be Assessed Without Official Civilian Casualty Estimates
A response to Maj. General Charles Dunlap and others who argue that tracking civilian casualties is like tallying "body counts" in Vietnam.
How Barr May Interpret What It Means to Withhold “Grand Jury Information”
While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…
Letter to the Editor: Where Luke Hartig and I Agree on Drones (it’s more than you might think)
Luke Hartig’s critique of my essay, “Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations” is a thoughtful one, and I urge everyone to read…
After Elections in a Country at War, Another Battle for Ukraine’s Future Still Needs Support
As Ukrainians prepare to head to the polls on March 31, much of the international community remains focused on Russia’s territorial aggression in the Donbas and Crimea and its…
A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…
Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice
The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr.
Now, the…
Trump and the Demise of the Presidential Records Honor System
News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements
"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…