Democracy & Rule of Law
Rule of Law
941 Articles

Flynn’s Work as Turkey’s Agent While a Transition Official: Judge Sullivan Was at Least Half Right
Michael Flynn may have been working as an unregistered agent of Turkey while serving the United States in an official capacity after all, depending simply on how you define his…

How Far Can a Rogue Kremlin Push International Law?
The Russian-Ukrainian standoff at the Kerch Strait and the Sea of Azov shows that the Kremlin now is just ignoring international law. The United States and the West need to adjust…

The UK Government’s Weak Response to Torture Reports
The UK government has published its response to two reports published this summer by the UK Parliament’s Intelligence and Security Committee (ISC) on “Detainee Mistreatment…

10 Ways the U.S. Can Curb Interpol Abuses
Interpol serves a good purpose, and it has good rules. But not all members are as good as its rules. The U.S. can take steps, on its own or with others, to limit abuses and shield…

Three Takeaways from Russia’s Latest Criminal Charges Against Bill Browder
On Monday, Russian prosecutors announced new charges against U.S.-born British financier Bill Browder. For years, the Kremlin has targeted Browder using Interpol’s “red notice”…

A Wayward Way of Strategy: What Is the United States Doing in North Africa?
An October report from the Africa Center for Strategic Studies noted a rise in violent activity in the Sahel, up from similar data from January and April. Still, recent U.S.…

Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General
Two former Office of Legal Counsel officials analyze OLC's opinion on Matthew Whitaker's legal status as Acting Attorney General.

Whistleblowers: The New “Insider Threat”
Thanks to information recently released by the Senate Judiciary Committee, we now have fresh, incontrovertible evidence that elements of the Intelligence Community (IC) have monitored…

Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…

The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…

Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation
Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…

U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…