Accountability
352 Articles

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…

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…

How New Congress Can Shine Light on Trump Era and Persisting Abuses
Three kinds of information Congress should get from Biden administration.

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…

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…