Accountability
347 Articles
Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…
Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.
There's ample precedent (the investigations of Bill Clinton's pardons) and ample reason for Congress and the Department of Justice to launch investigations into President Trump's…
Are Blanket Pardons Constitutional? A Reply to Bowman
If news reports are to be believed, President Trump is considering issuing blanket pardons (“for any and all offenses”) to many of his family-members and associates. In an…
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Beyond the ICC: Repositioning the Core of International Accountability
For the survivors of atrocities, justice may mean something very different from the remote procedures of the ICC. How can international systems of accountability center local justice?
The Constitutionality of Non-Specific Pardons
What the Framers' understanding and subsequent presidential practice tell us.
A Commander’s Duty to Punish War Crimes: Past U.S. Recognition
A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
Why a Self-Pardon Is Not Constitutional
The 2020 election results are in. Joseph R. Biden, Jr. is the President-Elect of the United States of America. Sometime before January 20, 2021, Donald Trump will recognize the…
On Accountability and the Next Presidency, Starting With the Cabinet
To truly “Build Back Better,” as Biden promised, he must not nominate, appoint, or otherwise hire anyone for his administration who has seriously abused power.
How to Restore Ethics to the U.S. Department of State
The task demands accountability for the ethical scandals that have occurred at State during the Trump administration and a public commitment to rebuilding the infrastructure, including…
Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp
Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
Five Years On: Military Accountability and the Attack on the MSF Trauma Center in Kunduz
On the fifth anniversary of the tragic attack by the U.S. military on the Médicins Sans Frontières (MSF) trauma center in Kunduz, Afghanistan, a former U.S. military legal adviser…