Rule of Law
703 Articles

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…

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…

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)”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2020/02/Screen-Shot-2020-02-10-at-12.03.15-PM.png?fit=1024%2C366&ssl=1)
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…

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.

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 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…

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”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2019/12/Screen-Shot-2019-12-30-at-9.54.22-PM-e1578422584340.png?fit=1024%2C418&ssl=1)
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.

The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database

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’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…