Transparency

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Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
US Department of Justice building at night.

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 and Trump

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…
The U.S. Supreme Court at night.

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…
U.S. $100 bills

Congress Wakes Up, Finally Decides to Tackle Kleptocracy

A brief overview of some of the bills in question, including the most important piece of anti-kleptocracy legislation the U.S. has ever seen,
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
Side-by-side portraits of Secretary Mark Esper, Department of Defense General Counsel Paul Ney and General Mark Milley.

Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

Former Department of Defense official (OSD) Luke Hartig critiques General Counsel Paul Ney's recent speech on the framework governing US military operations.
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Unsealed Documents in Special Counsel Mueller’s Investigation [Updated]

Special Counsel Robert Mueller has prosecuted the Russia investigation by bringing charges against a number of former Trump campaign officials and their associates, and against…
Hundreds of people gather in lower Manhattan for a "Lights for Liberty" protest against migrant detention camps and the impending raids by Immigration and Customs Enforcement (ICE) this coming weekend in various cities on July 12, 2019 in New York City.

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees

The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…
U.S. Soldiers stand in formation during a logistics course graduation ceremony.

Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

"Under the Bush, Obama, and Trump administrations, much of the commentary on the use of lethal force in counterterrorism operations has focused on the importance of transparency…
William Barr

What Has Bill Barr Done to Earn the Benefit of the Doubt?

Luppe Luppen critiques James Comey's and Benjamin Wittes's claim that the public should assume good faith on the part of Bill Barr.
Graffiti showing a US drone is depicted on a wall to protest against US drone strikes on September 19, 2018 in Sana'a, Yemen.

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.
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