Democracy & Rule of Law

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An MQ-9 Reaper sits in a hangar during a sandstorm at Joint Base Balad, Iraq, Sept. 15, 2008.

Precision and Civilian Casualties: Policymakers Believe Drones Can Be Precise. That May Not Be Enough.

What do policymakers’ own views of drones – particularly as they relate to civilian casualties – reflect, and how do those views affect policymaking?

Just Security Podcast: ACLU’s David Cole on Defending our Democratic Traditions

Roughly a year ago, I sat down with ACLU Legal Director and Just Security editorial board member David Cole to pick his brain about what our various independent government branches…

Setting the Record Straight: The Pardon Power is Part of the Rule of Law

Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…
Department of Justice sign on the face of building.

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…
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