Democracy & Rule of Law

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The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation

Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests

Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…
Political activist Katharina Nocun, speaking under a banner that reads: "No to a German NSA" and showing a picture of U.S. whistleblower Edward Snowden, leads a protest against pending legislation expanding the legal surveillance capabilities of Germany's Federal Intelligence Service (Bundesnachrichtendienst, or BND) outside the Reichstag on September 26, 2016 in Berlin, Germany. Protesters behind her hold additional signs.

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts

A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
The U.S. Department of State building entrance.

What Due Diligence Backs U.S. Denial of Advance Knowledge of the Khashoggi Plot?

State Department spokesperson Robert Palladino's categorical denial that the US government knew of threat to Khashoggi may be a mistake that lasts a long time.

New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden

The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…

Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive

Who would replace Rosenstein as deputy attorney general in the event Trump fires him or he resigns under pressure? And who would supervise the Russia and related investigations?…

Why Support for U.N.-backed Anti-Corruption Commission in Guatemala is Vital to U.S. Interests

The ongoing constitutional crisis in Guatemala underscores concerns that corruption continues to permeate high levels of the government.

Post-9/11 Generation Reaches Enlistment Age in Unmoored ‘War on Terror’

Human Rights First International Legal Counsel Rita Siemion says it's long past time to ensure that war-based authorities are used only when specifically authorized by Congress…

Trump’s Ability to Classify Mueller Report Is Greater Threat Than Executive Privilege

The prospect of the President invoking Executive Privilege to keep the Special Counsel's report secret has received plenty of attention. Less well-known is this: there are no restrictions…

Executive Privilege and the Public Interest: Why the President Can’t Block Release of the Mueller Report

For more than a year, President Donald Trump’s lawyers have bragged about his “unprecedented” level of cooperation with Special Counsel Robert Mueller’s investigation,…
Trump speaks at a podium with sheriffs standing behind him from across the United States during an event in the East Room of the White House on September 5, 2018 in Washington, DC. Pence stands next to Trump.

Trump’s Disrespect for the Rule of Law Spreads

Trump's disrespect for the rule of law has spread and is now poised to threaten the president himself.
The cover page of the Federalist Papers

In Defense of NYT’s Anonymous: Government “Stewardship” as a Guard Against Threats to Democratic Order

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” – The Federalist…
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