Department of Justice (DOJ)

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The Washington Monument reflects in the Capitol Reflecting Pool at sunset on a warm evening on June 2, 2025 in Washington, DC.(Photo by Kevin Carter/Getty Images)

“When the Guardrails Erode” Series

Bringing together expert analysis that traces this erosion, assesses the risks for democratic governance, and outlines pathways to rebuild or even reinvent these safeguards.
José Basulto, president of the Cuban exile organization Brothers to the Rescue, stands beside a small plane 03 August 2006 in Miami, which was used to assist Cuban rafters fleeing the communist island nation. Basulto, who has been accused of violating Cuban airspace on numerous occasions and is said to have dropped anti-Fidel Castro leaflets over Havana, no longer flies on these missions. On 24 February 1996 Cuban airforce MiGs shot two of the unarmed rescue aircrafts killing its occupants. AFP PHOTO/Roberto SCHMIDT (Photo credit should read ROBERTO SCHMIDT/AFP via Getty Images)

Shooting Down Civil Aircraft: What International and U.S. Law Say About a Charge in the Raul Castro Indictment

Q&A providing an overview of the legal framework governing shootdowns, including their status under both international and domestic U.S. law

How the Domestic Terrorist Label Endangers Rights and Drives Extremist Violence

Prepared congressional testimony for a Senate hearing that was postponed.
Close-up of Benjamin Franklin on scattered one hundred dollar bills.

The United States: Sanctions Implementer and Sanctions Safe Haven?

For decades, the United States has stood as the greatest leader in the sanctions space, as well as the greatest provider of tools for sanctioned entities to circumvent them.

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches

"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."

The Poverty of the DOJ Indictment of the Southern Poverty Law Center

Weissmann, former head of the DOJ Fraud Section, discusses conspicuous gaps in the indictment.
An exterior view of the building of US Department of the Treasury is seen on March 27, 2020 in Washington, DC.(Photo by OLIVIER DOULIERY/AFP via Getty Images)

The Missing Convener: NSC’s Diminished Role and the Future of U.S. Investment Security

Despite a vast investment security system, the lack of a functioning NSC risks undermining agency coordination, rulemaking coherence, predictability, and enforcement.
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

The Presidential Records Act is Constitutional

Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
Department of Justice building in Washington, DC, with blurred lines of moving traffic in foreground

Separating Fact from Fiction in FACE Act Enforcement

The Trump administration’s new report claims DOJ’s enforcement of the FACE Act unfairly targeted religious Americans. Each of its claims fail against the enforcement record.
The Washington Monument reflects in the Capitol Reflecting Pool at sunset on a warm evening on June 2, 2025 in Washington, DC.(Photo by Kevin Carter/Getty Images)

The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability

This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.
Magnifying glass over computer code (vie Getty Images)

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner

A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.
Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term

Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.
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