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National Guard troops stand by as people wait to be tested for COVID-19 at New York state’s first drive through COVID-19 mobile testing center at Glen Island Park in New Rochelle, New York on March 13, 2020. The ground is wet and the sky is overcast. Reflections of the troops and testing tents can be seen in the water on the ground.

The Coronavirus, Emergency Powers, and the Military: What You Need to Know

The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…
Relatives of missing people take part in a massive protest against violence, crime and the disappearance of people, in Guadalajara, Jalisco State, Mexico, on May 4, 2018.

Mexico’s Amnesty Proposal: An Instrument of Transitional Justice?

As violence in Mexico reaches record highs, President Andrés Manuel López Obrador has proposed an amnesty law aimed at benefiting individuals accused of involvement in the country’s…
US Department of Justice building at night.

The Soul of the Justice Department: Who Must Stand Up For It Now

A powerful essay by Lisa Monaco, who served in the Clinton, George W. Bush, and Obama Justice Departments before serving as Assistant to the President for Homeland Security.
An email from Mark Paoletta on August 12, 2019 reading, “Alternative language. [Redacted] Mike Paoletta General Counsel Office of Management & Budget [Redacted] (office) [Redacted] (cell)”

Exclusive: New Unredacted Emails Show How Deeply OMB Misled Congress on Ukraine

New unredacted emails confirm that OMB, including the general counsel’s office, was fully in the loop about the Pentagon’s Ukraine funding worries, and took active steps to…
Lt. Col. Alexander Vindman, National Security Council Director for European Affairs, testifies before the House Intelligence Committee in the Longworth House Office Building on Capitol Hill November 19, 2019 in Washington, DC.

The Friday Night Massacre’s Broader Context: Trump’s Redesign for American Democracy

As we discussed with one of the authors of the book, How Democracies Die, the purges fit an ominous path followed by elected autocrats.
$100 US Bill

Sudan’s Push for Removal from U.S. Terror List: Not a Panacea

There are ways to achieve the goals Sudan’s pro-democracy forces have set for their country, but it will require multiple, methodical steps by both Sudan and the United States.
The number 30 on a calendar is surrounded by a big red box.

The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes

A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?

To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
US Department of Justice building at night.

Selective Disclosure of OLC legal Opinions Isn’t Enough

The ad hoc release of OLC opinions raises more fundamental questions about the role of the OLC and the public’s right to know how the executive branch interprets the law.
Barr and Trump

Barr’s Personal, Ad Hoc Declassification Authority and the Role of Congress

Much of Washington is fixated for varying reasons on the release of the report from Michael Horowitz, the Justice Department’s Inspector General, on the origins of the FBI’s…
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