Rule of Law

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…

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

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.

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…

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…

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.

Key Legal Questions, With Preview of a New Research Database

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.

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…

Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…

The president’s non-cooperation in the Ukraine investigation breaches the bipartisan understanding that the president has a responsibility to come clean with Congress about foreign…

On September 3, 2019, Paul Ney, the General Counsel of the U.S. Department of Defense (DoD), delivered the Charney Distinguished Lecture in International Law at Vanderbilt Law…