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Norms Watch: Damage to Democracy and Rule of Law in March 2019
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
The Government’s Own Documents Show that Prepublication Review is Broken
In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…
U.S. Denial of Safe Harbor Compounds Venezuela’s Crisis
Even as U.S. President Donald Trump threatens military force to achieve the regime change he’s calling for in Venezuela, his administration has accelerated deportations from…
A Public-Health Approach to Countering Violent Extremism
The recent horrific attack on two mosques in New Zealand has again prompted criticism that the United States and the international community fail to address violence committed…
Costs of War Can’t Be Assessed Without Official Civilian Casualty Estimates
A response to Maj. General Charles Dunlap and others who argue that tracking civilian casualties is like tallying "body counts" in Vietnam.
Recap of Recent Pieces on Just Security (March 24-30)
A recap of our recent analysis on Russia probe, Trump financial investigations, Huawei vs. United States, Surveillance, Terrorism detention, Counter-terrorism and humanitarian…
Painting Within the Lines: The UN’s Newest Resolution Criminalizing Financing for Terrorists—Without Imperiling Humanitarian Activities
On Thursday, the United Nations Security Council adopted Resolution 2462 in an effort to counter the financing of terrorism while avoiding unintended consequences for humanitarian…
As the Mueller Investigation Closes, New York Investigations Shift into High Gear
On Friday March 21, 2019, the investigation by Special Counsel Robert Mueller came to a close when he delivered his final report to Attorney General William Barr. Two days later,…
A Test Case for Post-Criminal Terrorism Detention
Charlie Savage has an important story in the New York Times this morning about Adham Hassoun, a Palestinian computer programmer who was convicted of terrorism-related criminal…
Domestic Courts Step Up: Justice for Syria One Case at a Time
Further to Ryan Goodman’s recent post on the United States’ welcome support for the German request for the extradition of a high-level Syrian suspect, I have just finished…
How not to think–and what the Mueller Report won’t tell us–about Trump’s efforts to obstruct the investigation
Back in December, I wrote a post about Bill Barr’s June 2018 memo to DOJ officials. In it, I was sharply critical of Barr’s understanding of the President’s…
Recap of Recent Pieces on Just Security (March 18-23)
Russia Investigation Just Security, Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice Marty Lederman, Why it’s a mistake to…