New paper stresses importance of DoD program on mitigating civilian harm amid efforts to slash it
A Penn Center for Ethics and the Rule of Law briefing paper underscores alignment between the Civilian Harm Mitigation and Response Action Plan and bipartisan goals of enhancing precision lethality in U.S. military operations The Center for Ethics and the Rule of Law (CERL) at the University of Pennsylvania today published a briefing paper outlining […]
Trump’s firing of inspectors general is leading to ‘a new standard of loyalty, not legality’
In an op/ed for The New York Times, CERL Executive Board member Mark Zaid comments on the potential effects on government whistleblowers of Trump’s firing of nonpartisan inspectors general—many of whom he appointed during his first term—without giving Congress 30-days’ notice nor providing the requisite substantive rationale for their firing, in an effort to install […]
President signs anti-weaponization of government order while enabling actions against his own political targets
In a piece for Just Security’s “Coverage of the Trump Administration’s Executive Actions” series, CERL Executive Board member Stuart Gerson explains how the President is weaponizing federal law enforcement, the Department of Justice, and the judiciary for his own personal gains, and how his broad immunity will continue to shield him from prosecution. Stuart Gerson […]
Is presidential overreach leading to a constitutional crisis?
CERL Faculty Director Professor Claire Finkelstein sits down with WHYY’s Studio 2 to discuss how much power a president really has and whether the plethora of executive orders signed during President Trump’s first two weeks back in office is a sign of presidential overreach and a potential constitutional crisis. Claire Finkelstein is the Algernon Biddle […]
Efforts to identify FBI personnel involved with Jan. 6 investigations raise concern
At Reuters, CERL Executive Board member Mark Zaid, Esq., is quoted in reporting covering the questionnaire FBI personnel were directed to answer about their connection to Jan. 6 investigations. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in crisis management and innovatively handling simple and complex administrative and litigation matters primarily […]
Journalists face a ‘dangerous time period’ as norms erode
The Washingtonian featured an interview with CERL Executive Board member Mark Zaid, Esq., about Trump’s ousting of inspectors general, concern among federal employees about being targeted by the new administration, and the steps journalists can take to protect themselves from retaliatory action. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in […]
Corn refutes claims that Israel’s rules of engagement became more permissive of civilian casualties
In a co-authored opinion posted on The Cipher Brief, General Charles “Chuck” Wald and Geoffrey Corn, member of the CERL Advisory Council, respond to an article in The New York Times claiming that Israel’s rules of engagement became more permissive and less protective of civilians after Oct. 7. They argue the Times analysis misses the […]
Preventing the revival of the Islamic State should be a priority of the Trump administration
In a co-authored opinion for War on the Rocks with Elizabeth Dent, General (ret.) Joseph Votel, member of the CERL Executive Board, urges the Trump administration to prioritize U.S. involvement in Syria to avert the resurgence of the Islamic State. It will be critical to reiterate the United States’ commitment to its military objectives in […]
To deter Houthi attacks in Red Sea, broad-ranging actions are needed
General (ret.) Joseph Votel is quoted in an Al Arabiya English article discussing the U.S. posture toward the Houthis, noting that a broad strategy spanning economic, military, and diplomatic responses will be necessary to deter Houthi attacks on vessels in the Red Sea, a major conduit for global shipping. General Joseph L. Votel, U.S. Army […]
Zaid comments on early days of Trump presidency
Mark Zaid, member of CERL’s Executive Board, spoke with several news outlets about President Trump’s first days in office, commenting on the revocation of security clearances held by the 51 signatories on the Hunter Biden laptop letter and President Biden’s 11th-hour efforts to prevent retaliation against perceived enemies of the Trump administration. Read on […]
Zaid reacts to contradictory White House and intelligence community statements on Havana Syndrome
An updated report issued by the Office of the Director of National Intelligence asserts that the series of health incidents afflicting diplomats known as “Havana Syndrome” is not the doing of a foreign government. But the Biden administration insists that further investigations are needed to reach a conclusion. Mark Zaid, Esq., member of the CERL […]
As inauguration nears, some within the DoD and military voice concern
Mark Zaid, Esq., member of the CERL Executive Board, is quoted in a POLITICO article addressing the possible use of U.S. troops for domestic law enforcement. Zaid is fielding questions from individuals, including members of the DoD and military, who are concerned about the boundaries that might be overstepped under a second Trump administration. Mark […]
Las Vegas Cybertruck explosion draws attention to mental health among service members
Brigadier General Stephen N. Xenakis, M.D., joined PBS News Hour to discuss the Green Beret who died by suicide in the Tesla Cybertruck explosion outside of Trump International Hotel in Las Vegas. There is an obligation to improve mental health support for service members enduring physical, emotional, and moral trauma, Brig. Gen. Xenakis notes. Brig. Gen. […]
Using the military to support mass deportation puts service members at risk
In an opinion published by The Hill, Brigadier General Stephen N. Xenakis, M.D., member of CERL’s Executive Board, and Harold S. Kudler, M.D., warn against using the military to support President-elect Donald Trump’s large-scale deportation plan. Ordering service members to detain millions of immigrants in makeshift encampments without adequate training, leadership, and experience in the […]
‘Eroding’ international agreements and laws challenge nuclear safeguard system
David Jonas, member of CERL’s Advisory Council, spoke on an expert panel entitled “The International Framework for IAEA Safeguards and Nonproliferation,” co-hosted by Georgetown University Law Center, The George Washington University Law School, and American University Washington College of Law in partnership with the International Atomic Energy Agency. Challenges arise when states like China, Russia, […]
Nixon’s campaign against political enemies serves as a cautionary tale
An article by UVA Miller Center’s Ken Hughes in The Conversation reflects on Nixon’s efforts to mobilize against critics of his administration—including CERL Board Chair Morton Halperin, then-aide to Henry Kissinger in the National Security Council—amid Trump’s threats to retaliate against his own political enemies ahead of a second term. Morton H. Halperin is the […]
Will ISIS resurge in Syria?
General (ret.) Joseph Votel commented in several outlets on the formation of a new government in Syria now that Bashar al-Assad has been ousted, warning of the risk that ISIS could reemerge. Watch on MSNBC or read his commentary in The Washington Post and POLITICO. General Joseph L. Votel, U.S. Army (Ret.), is the former […]
Zaid offers advice for targets of the Trump administration
Mark Zaid, Esq., member of CERL’s Executive Board, joined MSNBC’s The Weekend to discuss what to expect in the early days of Trump’s second term, his advice for targets of the Trump administration, and how the Supreme Court immunity decision could impact legal challenges. Often, it is norms, not the law, that serve as guardrails, […]
U.S. and Israeli airstrikes after collapse of Assad regime could lead to further destabilization
Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, discussed in an Associated Press video how continued bombings by Israel and the United States after the collapse of the Assad regime in Syria could have a destabilizing effect. Mary Ellen O’Connell is the Robert and Marion Short Professor of Law and Research Professor of International […]
Ethically informed practices are critical in law enforcement and counterterrorism
CERL Advisory Council member Mark Fallon joined the podcast Beyond a Reasonable Doubt to discuss how the 9/11 attacks shaped interrogation techniques and the need for research-based, ethically informed practices in investigative interviewing. Mark Fallon is the co-founder of Project Aletheia at John Jay College of Criminal Justice, director of ClubFed, LLC, and a member […]
U.S. military efforts have yet to deter Houthi attacks
The Iran-backed Houthis have engaged in over 130 attacks on commercial and military ships in the Gulf of Aden and Red Sea over the past year. Military efforts led by the United States have done little to deter the ongoing attacks, General (ret.) Joseph Votel, member of the CERL Executive Board, explains in a Business […]
Reactions to President Biden’s pardon of his son
Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, spoke with Stephanie Smail of ABC News Australia about whether President Biden’s decision to pardon his son was an abuse of presidential power. Kermit Roosevelt is the David Berger Professor for the Administration of Justice at Penn Carey Law School. He is also a member of CERL’s […]
How the Electoral College works
Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, spoke with City & State PA about how the Electoral College works and whether the system is a good fit for present day America. Kermit Roosevelt is the David Berger Professor for the Administration of Justice at Penn Carey Law School. He is also a member of […]
Executive orders can’t overturn constitutional provisions
A FactCheck.org article by Uzma Afreen debunking speculations that Trump’s proposed immigration policy would put his youngest son’s citizenship status in question quotes Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty. Absent a constitutional amendment, Trump cannot overturn birthright citizenship, Prof. Roosevelt explains. Kermit Roosevelt is the David Berger Professor for the Administration of Justice […]
A tribute to Alberto Mora’s commitment to the rule of law
In a letter to the editor of The Washington Post, civil servant Joel Weger urges fellow federal employees to continue upholding “lawful policies” under the next administration, citing the courage Alberto Mora, member of the CERL Executive Board, displayed in putting pressure on the George W. Bush administration to adhere to the rule of law […]
Why Secretary Austin reversed course in 9/11 case
In August, Secretary of Defense Lloyd Austin pulled out of plea agreements with three defendants on trial in the Sept. 11 case in Guantánamo. Brigadier General (ret.) John Baker, member of CERL’s Executive Board, spoke with Natalie Orpett of Lawfare in an episode of The Lawfare Podcast about the case and why the Secretary of […]
What could happen with Trump’s sentencing in the New York hush money case
CERL Faculty Director Claire Finkelstein spoke with Voice of America about what could happen with Trump’s sentencing in the case involving the Stormy Daniels hush money payment. Sentencing could be delayed until after his presidential term ends in 2029, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and […]
Gerson provides remarks at summit focused on the rule of law
Stuart Gerson, Esq., member of the CERL Executive Board, provided closing remarks at the Society for the Rule of Law’s recent summit, reflecting on the data behind the election results and the importance of the rule of law. Stuart Gerson is a Member of the Firm at Epstein Becker Green, former Acting Attorney General of […]
Can Trump stay in office beyond a second term?
A FactCheck.org article by Eugene Kiely examines whether it would be possible for President-elect Donald Trump to serve beyond the two-term limit. Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, explains that it would be difficult to repeal the amendment that sets out the presidential terms. Kermit Roosevelt is the David Berger Professor for the […]