Rule of Law
829 Articles
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…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
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…
About Those Constitutional Norms, Mr. Attorney General
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…
Top DoD Lawyer Stresses U.S. Compliance with the Rule of Law in Military Operations
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…
Norms Watch: Damage to Democracy and Rule of Law in October 2019
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those…
More or Less Justice? More or Less Security?
Reflecting on what's changed since Just Security launched six years ago, and three challenges that we now confront.
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…