Democracy & Rule of Law
Rule of Law
941 Articles
Ten More Strikes the Obama Administration Should Immediately Acknowledge and Investigate
The Obama administration took a long overdue step toward transparency for its “targeted” killing program when it last week openly acknowledged and took responsibility for the…
Three Quick Thoughts on the Drone Strike in Pakistan That Killed Two Innocent Civilians
Below are my initial thoughts on today’s tragic news that a January 2015 US “targeted killing” drone strike in Pakistan killed two innocent civilians held as hostages…
Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!
With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…
As the Senate Torture Report Gathers Dust, Is the Obama Administration Giving Torturers De Facto Amnesty?
It has been more than four months since the Senate Intelligence Committee (SSCI) published the summary of its report on the secret detention program operated by the CIA after the…
Rethinking How We Wage the Forever War
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
More on Flawed Research and Flawed Counterterrorism Policies
I want to concur with the thoughtful views articulated by Michael German last week addressing terrorism and counterterrorism research. Having spent twenty years working and researching…
Appointing Democratic Judges to the FISA Court Won’t Solve Its Structural Flaws
Chief Justice Roberts recently named two new judges to the Foreign Intelligence Surveillance Court (FISC) — Judge James P. Jones from the Western District of Virginia and Judge…
The Targeted Killing That Wasn’t: What We Can Learn From the Case of Mohanad Mahmoud al-Farekh
A 2009 US Air Force photo titled “Ready to hunt” shows an armed MQ-9 Reaper drone taxiing in Kandahar, Afghanistan. Almost two weeks ago, we learned from the Washington…
No Asking and No Telling – A Quick Thought on Stephen Preston’s Speech at ASIL
As Marty Lederman and Jennifer Daskel have already noted, the Department of Defense’s General Counsel Stephen Preston gave an extensive and lengthy keynote speech on Friday last at…
The Investigation into 12333 Begins
The Privacy and Civil Liberties Oversight Board (PCLOB) voted 4–1 yesterday to conduct reviews of how Executive Order 12333 is used in counterterrorism investigations by the…
The Unreal Secrecy About Drone Killings
Last year, after concluding that many passages in the document “no longer merited secrecy,” the Second Circuit published a redacted version of the Justice Department’s July…
Talking About Section 215: A Readers’ Guide
Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…