Democracy & Rule of Law
Rule of Law
945 Articles

Not the Final Word
Can a sitting president be indicted? The public should be skeptical of the argument that a president can’t be, which frequently relies on two opinions by the Justice Department’s…

Loopholes in Public Corruption Laws Benefit Swamp Dwellers
If we are to deter corruption and hold accountable officials who breach the public’s trust, some changes in the law are needed.

Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide
Harold Koh and the Yale Law School Rule of Law Clinic should be proud of their work. Released on April 18, the Clinic’s “Reader’s Guide” to Section 4 of the Twenty-Fifth…

Letter to the Editor: Much More Iceberg Below the Surface on Civilian Casualties
[Editor’s note: Ryan Goodman responds to Gabor Rona in a follow-on piece.] Ryan Goodman makes a compelling case that the United States undercounts its civilian casualties.…

The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…

More Questions for Gina Haspel—The Record of False CIA Claims about Torture’s “Efficacy”
Recently Katherine Hawkins published a comprehensive set of questions that Gina Haspel, nominee to head the CIA, should be asked during her confirmation hearings (“What the…

An Opportunity for National Security Transparency in the Trump Era
Hartig and Geltzer--who served in the National Security Council, Defense Department, and Justice Department--examine the benefits of transparency in national security policy, what…

The Politicization of Our Security Institutions
The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…

How Reconciliation in Iraq Could Stop Collective Punishment
Policymakers in Iraq, and in countries supporting its government, are debating what kind of reconciliation efforts are needed post-ISIS. Meanwhile, without fanfare, the town of…

Mueller’s Choice of Criminal Charges: Why the Trump Team Should Be Very Worried
The Russians not only told the Trump campaign that they had dirt on Hillary Clinton in the form of thousands of emails, but also previewed for George Papadopoulos that they could…

New Ruling Shows How Few Options There Are for Intelligence Community Whistleblowers
Last week, a federal judge dismissed a complaint by a CIA whistleblower (and spy), who goes by the pseudonym James Pars. The ruling by Judge Trevor McFadden could affect the willingness…

Supreme Court Cases Support Obstruction Charges Against the President
Is there a fundamental weakness in the potential case of obstruction against President Donald Trump? At the end of the day, the known facts regarding Trump’s actions are likely…