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 […]
Applying ‘just war’ theory to the war in Ukraine
Professor Jeff McMahan, member of CERL’s Advisory Council, spoke on an episode of UkraineWorld with Ukrainian philosopher Volodymyr Yermolenko about the moral principles governing war and whether the war in Ukraine is just. For more from Professor McMahan on this topic, read his interview with Aaron James Wendland of King’s College London (here). Jeff McMahan […]
Trump indicates he may direct DOJ, under the ‘unitary executive’ theory, to target critics
President-elect Trump has indicated he may use executive power to direct the Department of Justice to investigate and prosecute certain individuals. This would be a “terrible idea,” according to CERL Executive Board member Stuart Gerson, as quoted in a TickleTheWire.com article, though not illegal. Stuart Gerson is a Member of the Firm at Epstein Becker […]
Zaid advises Trump’s targets to take risk of retaliation seriously
Mark Zaid, Esq., member of the CERL Executive Board, spoke with several outlets about how he is advising clients who are concerned about retaliation in the Trump administration. For some, it would be wise to leave the country in the days around the inauguration. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who […]
What happens to Trump’s charges now that he is President-elect?
CERL’s Claire Finkelstein spoke with Agence France-Presse about what might happen to Trump’s criminal charges now that he is President-elect. If Trump faces jail time in connection with the two cases in New York and Georgia, the sentencing could be deferred, she explains. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of […]
Why the DOJ should drop policy shielding sitting presidents from being indicted
Special counsel Jack Smith is making moves to wind down the federal cases against President-elect Donald Trump. In an opinion for The Hill, CERL’s Professor Claire Finkelstein urges the Department of Justice to drop long-established policy that shields sitting presidents from being indicted. While intended to protect the ability of the executive branch to carry […]
It’s time to eliminate deception as an interrogation tool
Police across the country are trained to use deceptive practices when interrogating suspects. CERL Advisory Council member Mark Fallon explains in an interview with NPR that there are better techniques for questioning people, ones that build trust in the community and source accurate information through open-ended questions. Mark Fallon is the co-founder of Project Aletheia […]
Will Trump help Mayor Adams with his corruption charges?
CERL’s Professor Claire Finkelstein is quoted in The New York Times addressing the question of whether President-elect Donald Trump would help New York Mayor Eric Adams as he battles a federal indictment. Trump could derive great benefit from aligning with the mayor of a city where he has deep financial ties, she explains. Claire Finkelstein […]
A second Trump presidency could reshape constitutional norms
In an opinion for TIME, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, examines what a second Trump presidency could have in store for constitutional norms, provisions, and judge-made law. Efforts to eliminate the 22nd Amendment, which lays out the two-term presidential limit, are unlikely to be successful, he explains. Kermit Roosevelt is the David […]
Why Trump’s campaign for a second term met such success
CERL’s Professor Claire Finkelstein shared her reaction to the Trump win with The Daily Pennsylvania, commenting on the economic issues that fueled Trump’s victory and the sorts of Republican reforms, including bans on reproductive care and tighter border policies, that might take shape under the new administration. Claire Finkelstein is the Algernon Biddle Professor of […]
Achieving accountability for torture at Abu Ghraib
The military contractor CACI is again in federal court after a mistrial in April for a case brought by three Iraqi men seeking damages for the torture they endured while detained at the Abu Ghraib prison. In an opinion for Just Security, Brig. Gen. (ret.) Stephen N. Xenakis, M.D., reflects on the danger posed by […]