Democracy & Rule of Law

Rule of Law

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A statute of Poland’s 17th-century monarch King Sigismund III Vasa covered with a chasuble reading the word "Constitution" on September 17, 2018.

Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?

The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
Redacted pages of the whistleblower complaint referring to US President Donald Trump's call with his Ukrainian counterpart Volodymyr Zelensky.

Open Letter Explains How Responsible Whistleblowers Make America Safer

An open letter, now signed by over 100 former national security officials from Republican and Democratic administrations, explains that responsible whistleblowers help ensure wrongdoing…
U.S. $100 bills

Congress Wakes Up, Finally Decides to Tackle Kleptocracy

A brief overview of some of the bills in question, including the most important piece of anti-kleptocracy legislation the U.S. has ever seen,
US Capitol building at night.

Know Your Rights: Conversations with Congress

Federal employees have the right to communicate with Congress free from intimidation, bullying and unfair harassment.
A Sudanese demonstrator waves his hands as he stands on the hood of a security forces' vehicle, urging others not to cross the security barrier, during a protest near the presidential palace in Sudan's capital Khartoum on September 12, 2019, calling for the appointment of a new permanent chief of judiciary and prosecutor general.

Bringing the Rule of Law to Sudan

The country's new civilian ministers of justice and foreign affairs outlined their plans at the United Nations and appealed for international support before the window of opportunity…
Committee Chairman Rep. Adam Schiff (D-CA) speaks to members of the media after Intelligence Community Inspector General Michael Atkinson met behind closed doors with the House Intelligence Committee at the U.S. Capitol September 19, 2019 in Washington, DC.

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo

Developments in the Intelligence Community whistleblower story raise new legal questions.
Former New York City mayor Rudy Giuliani stands with president-elect Donald Trump before their meeting at Trump International Golf Club, November 20, 2016 in Bedminster Township, New Jersey.

President Trump, We Can Handle the Truth

Last night, the president’s lawyer Rudy Giuliani had his own Col. Nathan Jessup moment on primetime TV. Fired-up and angry enough, like Jack Nicholson’s character in the movie…
Retired Vice Adm. Joseph Maguire is sworn in during a Senate Intelligence Committee hearing to be confirmed as the director of the National Counterterrorism Center, on Capitol Hill, on July 25, 2018 in Washington, DC.

Handling of Whistleblower Complaint Makes It Impossible for IG To Do His Job

It’s nearly impossible for whistleblowers to trust an inspector general when their agency-head acts as acting Director of National Intelligence Joseph Maguire has, publicly rebuking…
House Intelligence Committee Chairman Adam Schiff (D-CA) makes closing remarks after questioning former Special Counsel Robert Mueller about his report on Russian interference in the 2016 presidential election in the Rayburn House Office Building July 24, 2019 in Washington, DC.

Q&A on Whistleblower Complaint Being Withheld from Congressional Intelligence Committees

On September 13, House Intelligence Committee Chair Adam Schiff publicly announced that he had issued a subpoena to Acting Director of National Intelligence (DNI) Joseph Maguire…
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
Trump

Yes, Trump Could Be Indicted If He Leaves Office in 2021, But Is That Likely?

In a world where indicting a sitting president is not possible and prosecuting him after he leaves office raises practical and prudential concerns, impeachment could very well…
Side-by-side portraits of Secretary Mark Esper, Department of Defense General Counsel Paul Ney and General Mark Milley.

Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

Former Department of Defense official (OSD) Luke Hartig critiques General Counsel Paul Ney's recent speech on the framework governing US military operations.
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