Recent Articles

Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia

Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…

The Early Edition: November 2, 2018

JAMAL KHASHOGGI KILLING Turkey’s Justice Minister Abdulhamit Gul yesterday renewed calls for Saudi Arabia to cooperate in the investigation into the killing of Washington Post…

Why the ICC Investigation of Forced Displacement in Myanmar Is a Big Deal

In September, Fatou Bensouda, chief prosecutor of the International Criminal Court (ICC), announced that she was opening a preliminary examination of forcible deportations of the…

Accountability Fatigue: A Human Rights Law Problem for Armed Forces?

Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.

The Constitutional Challenge to Robert Mueller’s Appointment (Part V):  If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?

[With minor oral argument update; Nov. 8]  In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…

The Early Edition: November 1, 2018

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

Trump Admin Says It’s Open to Suggestions to Prevent Far-Right Violence. Here Are a Few.

Here are just a few ideas for what the Trump administration can do to address the threat from violent individuals bent on attacking minorities and those perceived as their supporters.
The outside of the E. Barrett Prettyman United States Courthouse in Washington D.C. during the day on Saturday, June 28, 2014.

The Constitutional Challenge to Robert Mueller’s Appointment (Part IV):  Morrison, Edmond, and the DOJ Special Counsel Regulations

[With relatively minor oral argument updates; Nov. 8]  In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…

Election Security is an Immediate National Security Concern

Democracy isn’t in the casting of the votes -- it’s in the counting. Georgia State Rep. Scott Holcomb says we need to ensure that our system is secure and every ballot is counted…

Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation

Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…

The Early Edition: October 31, 2018

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

The Constitutional Challenge to Robert Mueller’s Appointment (Part III):  What Would be “Good Cause” to Remove Mueller?

[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
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