Accountability

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Side by side photos of Roger Stone, Steve Bannon, and Paul Manafort.

Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice

Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…
Antony Blinken at his confirmation hearing to be Secretary of State before the US Senate Foreign Relations Committee on January 19, 2021 in Washington, DC.

U.S.-ICC Relations Under a Biden Administration: Room to Be Bold

The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…

Lessons from Benghazi: Accountability for the U.S. Capitol Attack

Just like after that attack on the U.S. mission in Benghazi, there must be accountability for the January 6 attack on the U.S. Capitol. Accountability for the failure of law enforcement…
The cap of the United States Capitol Building

How New Congress Can Shine Light on Trump Era and Persisting Abuses

Three kinds of information Congress should get from Biden administration.
File folders in a filing cabinet

The Promises of FOIA in 2021: A Ready Pathway to Accountability

It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
Ivanka Trump watches Donald Trump speak during a news briefing on coronavirus on March 20, 2020 in Washington, DC. Neither wear face masks.

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…
Mike Pence, Rudy Giuliani, Donald Trump Jr., Eric Trump, Tiffany Trump, and others sit in the front row at the first US Presidential Debate at Hofstra University September 26, 2016 in Hempstead, New York.

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…
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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…
Yazidi women hold up pictures of missed relatives during a commemoration ceremony in Stuttgart, southern Germany, on August 3, 2019.

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?
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

The Constitutionality of Non-Specific Pardons

What the Framers' understanding and subsequent presidential practice tell us.
Robert H. Jackson’s opening statement at the Nuremberg Trials.

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…
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