CENTER FOR ETHICS AND THE RULE OF LAW​

Will Jack Smith recommend charges for seditious conspiracy or insurrection?

Special counsel Jack Smith, appointed by Attorney General Merrick Garland in November, is overseeing pending criminal investigations related to Donald Trump including his retention of more than 100 classified documents at his Mar-a-Lago estate and his role in the Jan. 6 Capitol attack. CERL’s Prof. Claire Finkelstein told USA Today it will be challenging for […]

Why we need to take a hard look at the classification process

CERL Executive Board member Shawn Turner, a former Head of Communications for the Director of National Intelligence, joined WTOP News to discuss the Pentagon document leak. Shawn Turner is a Professor of Strategic Communication at Michigan State University, and a National Security Communication Analyst for CNN. He is an established expert in communication leadership, strategy, […]

How Justice Thomas’ behavior is indicative of a larger problem

Justice Thomas failed to disclose luxury vacations paid for by conservative billionaire Harlan Crow over the course of twenty years. CERL Affiliated Faculty Kermit Roosevelt weighed in on the Thomas scandal. Kermit Roosevelt works in a diverse range of fields, focusing on constitutional law and conflict of laws. He has published scholarly books in both […]

Testimony urging Vermont House Judiciary to embrace science-based methods of interviewing

On Apr. 11, CERL Advisory Council member Mark Fallon urged the Vermont House Judiciary to support a bill that would put an end to coercive interrogations in Vermont by preventing police from using deceptive and coercive interrogation methods on young people. Mark Fallon spent over three decades as a national security professional, principally as a […]

Evaluating the scope and scale of the Pentagon intelligence leak

Documents bearing classified markings, some top secret, appeared on the social media and messaging platform Discord as early as March. The documents contain a range of highly classified information, including intelligence on the war in Ukraine and how the United States is spying on its adversaries and key allies. CERL Executive Board Emeritus James Clapper […]

Jury selection process for trial of former President Trump

Former President Donald Trump is calling for his criminal case to move from Manhattan to Staten Island, where Trump had 57% share of the vote in the 2020 election. The request could be tied to an attempt to find impartial jurors. Professor Claire Finkelstein told Bloomberg last week the key for his lawyers will be […]

The science behind obtaining accurate, reliable information

CERL Advisory Council member Mark Fallon joined the Misty Winston Show to discuss the efforts he and Dr. Maria Hartwig lead at Project Aletheia to improve the practice of interrogation by accelerating the implementation of science-based techniques. Mark Fallon spent over three decades as a national security professional, principally as a special agent with NCIS. He has conducted […]

Trump’s indictment is a test of America’s institutions and the rule of law

Donald Trump is the first former president in history to face criminal charges. Penn Today spoke with CERL’s Prof. Claire Finkelstein about how this case is a test of America’s democratic institutions and the rule of law. Claire Finkelstein is Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania. She […]

Trump “whipping up a frenzy” to intimidate Manhattan DA

Former President Donald Trump pleaded not guilty to 34 counts before a Manhattan courtroom today. CERL’s Prof. Claire Finkelstein spoke with Al Jazeera ahead of the arraignment about what can be expected and how these proceedings could impact the 2024 presidential election. Claire Finkelstein is Algernon Biddle Professor of Law and Professor of Philosophy at […]

Trump’s indictment: Why the DOJ must help ensure the safety of the Manhattan DA

Former President Donald Trump was indicted by the Manhattan grand jury on Mar. 30 for his alleged role in hush money payments to adult film star Stormy Daniels. CERL’s Prof. Claire Finkelstein joined Al Jazeera to discuss what Trump’s indictment means for American politics and the judicial system. Claire Finkelstein is Algernon Biddle Professor of […]

What the death of Russian blogger Tatarsky might signal

Russian military blogger Vladlen Tatarsky, who was a vocal supporter of Russia’s war in Ukraine, died in a bomb blast at a St Petersburg café on Apr. 2. On BBC World News, CERL’s Prof. Claire Finkelstein discussed what the profiling of journalists might signal and how Russians are reacting. Claire Finkelstein is Algernon Biddle Professor […]

Essential to ending war is a NATO pledge not to admit Ukraine

From Mar. 17-19, an online benefit conference entitled “What Good is Philosophy? The Role of the Academy in a Time of Crisis” raised funds to establish a center in Kiev that would support academic and civic institutions in Ukraine. Among the speakers were novelist Margaret Atwood, Ukrainian history scholar Timothy Snyder, and public intellectuals from […]

Mark Fallon discusses science of interviewing on LI News Radio

CERL Advisory Council member Mark Fallon joined LI News Radio to discuss his three-decade career in government service, including his role as Deputy Commander of the military task force established to bring terrorists to justice before Military Commissions in Guantánamo Bay, and the science of effective interviewing. Mark Fallon spent over three decades as a […]

Mark Fallon testified before Minnesota Judicial Committee on science-based interviewing

CERL Advisory Council member Mark Fallon testified last week before the Minnesota Judicial Committee on a Minnesota bill that aims to prohibit admission of confessions obtained when deception is used. Fallon emphasized the science of effective interviewing. Mark Fallon spent over three decades as a national security professional, principally as a special agent with NCIS. […]

Russia’s disruption of U.S. drone was within the laws of armed conflict

A U.S. Air Force drone crashed over the Black Sea on Tuesday after being intercepted by two Russian SU-27 fighters. In an interview with USA Today, CERL Advisory Council member Mary Ellen O’Connell cautions against direct confrontation with Russia over the crash, explaining that Russia’s actions were within the laws of armed conflict, even if […]

Why were young women poisoned in Iran?

Iran has arrested over 100 suspects in connection with the alleged poison attacks against hundreds of schoolgirls across the country. CERL Affiliated Faculty Firoozeh Kashani-Sabet explains how women’s liberties remain “fragile and precarious” under the  patriarchal rule of the Islamic Republic. Firoozeh Kashani-Sabet is the Walter H. Annenberg Professor of History in the School of Arts & Sciences at […]

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

Section 702 of the Foreign Intelligence Surveillance Act, which allows the U.S. government to collect data on non-U.S. persons located abroad with assistance from electronic communication service providers, is set to expire on December 31, 2023. In an article for Just Security, CERL Advisory Council member George Croner details the debate around this surveillance program, […]

Rehabilitation for Torture at Guantanamo is a Moral and Legal Imperative

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Image: A_Bruno – stock.adobe.com As the Biden administration takes action to hold Russia accountable for war crimes in Ukraine, it is essential for the United States to meet its own obligations under international law—particularly, its obligation under the Convention against Torture to provide rehabilitation services to the men now detained at Guantánamo who are suffering […]

Presidential privileges are not absolute

In a newly filed court brief, the Department of Justice said former President Donald Trump is not immune from lawsuits connected with the Jan. 6, 2021 attack on the U.S. Capitol. CERL Executive Board member Stuart Gerson is quoted on the matter in Law360. Stuart Gerson is Member of the Firm at Epstein Becker Green, […]

Anita Allen recipient of 2023 Privacy Papers for Policymakers Award

CERL Affiliated Faculty Anita L. Allen, Henry R. Silverman Professor of Law and Professor of Philosophy at the University of Pennsylvania, received a 2023 Privacy Papers for Policymakers (PPPM) Award for her article in the Yale Law Journal Forum entitled “Dismantling the ‘Black Opticon’: Privacy, Race, Equity, and Online Data-Protection Reform,” which assesses the vulnerabilities to […]

CERL experts discuss criminal justice at CAIL and Project Aletheia conference

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Image: Atstock Productions – stock.adobe.com The Center for American and International Law (CAIL), Project Aletheia at John Jay College of Criminal Justice, and American University Washington College of Law Academy on Human Rights and Humanitarian Law held a conference Sept. 27 entitled “Bridging the Gap Between Science and Practice of Interrogation.” Leading academic, law enforcement, […]

A new role for NATO in conflict zones

CERL Affiliated Faculty Lynn Meskell recently returned from Brussels, where she presented on heritage conflict at UNESCO World Heritage sites and post-conflict reconstruction to NATO. One year after Russia’s invasion of Ukraine, she urges NATO to operate with more local information and understanding as part of their longer-term humanitarian efforts. Penn Today features Prof. Meskell’s […]

Ian Fishback’s American Nightmare

United States Army Major Ian Fishback, a valued member of the CERL community and decorated soldier who reported systematic detainee abuse in Iraq, died tragically at an adult care facility in Bangor, Michigan after failing to receive adequate treatment from the Veterans Affairs health care system. This New York Times Magazine article, which includes reflections […]

Between the Lines features conversation with Mark Fallon

CERL Advisory Council member Mark Fallon joined Between the Lines to discuss his three-decade career in national security, his work leading the DOD al-Qaeda task force, and his book Unjustifiable Means. Mark Fallon spent over three decades as a national security professional, principally as a special agent with NCIS. He has conducted interrogations in the United […]

Opinion: Real Church Committee Advises Jim Jordan’s “New Church Committee” to Change Course

Rep. Jim Jordan, who chairs the newly established subcommittee on the “Weaponization of the Federal Government,” is conducting investigations that House Republicans claim are modeled after the 1975-76 Select Committee on Intelligence Activities. In a co-authored opinion, Dennis Aftergut, Norman Ornstein, and CERL Executive Board member Stuart Gerson discuss the letter issued on Feb. 15 […]

How congressional reforms will shape the military justice system

Over a year has passed since lawmakers reached a landmark agreement in Dec. 2021 to overhaul the military justice system and reform handling of sexual assault cases. CERL Advisory Council member Geoffrey Corn, a military legal expert, discussed with the The Texas Tribune–ProPublica investigative unit what these congressional changes entail and how they will shape […]

Claire Finkelstein advised on ethics plan for Philly mayoral hopeful Allan Domb

Philadelphia mayoral candidate Allan Domb released on Feb. 10 a plan to prevent conflicts of interest arising from his portfolio of real estate holdings in Center City. The plan includes selling his business and properties to an entity that would be owned by his son and other investors, if elected, and having an independent ethics […]

Chinese spy balloon was opportunity to gain intelligence

CERL Board Emeritus James Clapper joined Anderson Cooper on CNN to discuss the downing of a “high-altitude object” on Feb. 10. Director Clapper served from 2010 – 2017 as the Director of National Intelligence. He served in two administrations as the Under Secretary of Defense for Intelligence, where he was the principal staff assistant and […]

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Chinese spy balloon was opportunity to gain intelligence