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U.S. Army Spc. Christopher Andres, infantryman assigned to Task Force Guardian, 41st Infantry Brigade Combat Team (IBCT), 1-186th Infantry Battalion, Oregon National Guard, provides security for a 75th Expeditionary Airlift Squadron (EAS) C-130J Super Hercules during unloading and loading operations in Somalia on Feb. 6, 2020.

US Ramps Up War in Somalia, Killing More Civilians

While much of the world tries to fight a global pandemic that has already killed thousands, the U.S. military has been secretly stepping up its war in Somalia, killing civilians…
A temporary hospital is set up at the Jacob K. Javits Center on March 27, 2020 in New York. Cubicles with curtains are set up with a cot, a chair, a backpack, and a small garbage can each.

9/11 All Over Again

As in the days after 9/11, the current challenges stemming from COVID-19 seem unprecedented. But the parallels are striking.
US Senate Majority Leader Mitch McConnell arrives to attend a meeting to discuss a potential economic bill in response to the coronavirus, COVID-19, in Washington, DC, on March 20, 2019. He walks with a group of people. No one wears a face mask.

We Badly Need Congress to Act. We Don’t Need Congress to Act in Person.

Remote voting critically helps ensure that Americans are not effectively disenfranchised if and when their representative becomes unable to show up in person.
Classified stamp

The Legally Troubling Treatment of COVID-19 Meetings as Classified

I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.
A hand holds a blue highlighter as they highlight words and phrases of a blurry document.

What to Watch For in White House’s Annual Report on Use of Military Force

The report is due Sunday, March 1, and here are the key legal and policy issues to keep a sharp eye on.
Flags of USA and Iran

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
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)”

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…
Lt. Col. Alexander Vindman, National Security Council Director for European Affairs, testifies before the House Intelligence Committee in the Longworth House Office Building on Capitol Hill November 19, 2019 in Washington, DC.

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.
Marik String on July 24 2019 at a Senate Committee on Foreign Relations hearing.

What the State Department Legal Adviser Promised Congress on Iran

Will Mr. Marik String keep his word?
The number 30 on a calendar is surrounded by a big red box.

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…
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

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”

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.
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