secretary of defense
8 Articles
Signal Gate: The Criminal Law Precedents That Are Most Relevant
A range of federal laws, including the Espionage Act and laws against the destruction of government records, could apply in this case.
No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
How the Pentagon Personnel Firings Threaten Our Apolitical Military
This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.
How Much (or How Little) Does the Biden Administration Want Justice in the 9/11 Case?
Secretary of Defense Austin's actions to reverse a plea deal for three defendants at Guantanamo may further jeopardize the prosecution's case.
Revoking the 9/11 Plea Deals: Human Rights Consequences
Defense Secretary Austin's decision to discard the 9/11 plea deals at the Guantanamo military commissions is a missed opportunity for the United States to achieve a rule of law-compliant…
The All-Volunteer Force at 50: Civil-Military Solutions in a Time of Partisan Polarization
Civilian and military elites, as well as the general public, have work to do to combat politicization of the all-volunteer force and help it survive another 50 years.
Shifting Norms About Secretary of Defense Has Long-Term Consequences: On the Austin Nomination
Even if retired Gen. Lloyd Austin handles the job of defense secretary perfectly, his nomination alone still has long-term consequences, eroding the norm of civilian control by…
Important Context Missing from the Austin Nomination Debate
Civilian control of the military is an essential part of our constitutional fabric, but that doesn’t mean that recently retired officers are inevitably inappropriate defense…
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