Rule of Law
703 Articles

Costs of War Can’t Be Assessed Without Official Civilian Casualty Estimates
A response to Maj. General Charles Dunlap and others who argue that tracking civilian casualties is like tallying "body counts" in Vietnam.

How Barr May Interpret What It Means to Withhold “Grand Jury Information”
While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…

Letter to the Editor: Where Luke Hartig and I Agree on Drones (it’s more than you might think)
Luke Hartig’s critique of my essay, “Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations” is a thoughtful one, and I urge everyone to read…

After Elections in a Country at War, Another Battle for Ukraine’s Future Still Needs Support
As Ukrainians prepare to head to the polls on March 31, much of the international community remains focused on Russia’s territorial aggression in the Donbas and Crimea and its…

A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…

The U.S. Must Forcefully Oppose Blanket Amnesty for Civil War Atrocities in Guatemala
“All the people have disappeared.” So reads a declassified cable from the U.S. Embassy in Guatemala City, dated Dec. 28, 1982. The subject was an incident that occurred just…

Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice
The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr.
Now, the…

Trump and the Demise of the Presidential Records Honor System
News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…

Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements
"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…

Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations
Retired General Charlie Dunlap writes that partial transparency on civilian casualty reports may be worse than none.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained
What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.

Why Violent Extremism Still Spreads
Since 2001, the international community has spent enormous intellectual and political capital debating and negotiating the definition of violent extremism to design effective strategies…