Articles

  • Nov 20, 2024 | justsecurity.org | Oona A. Hathaway

    On Nov. 12, 2024, a federal jury awarded $42 million to three men – Suhail Al Shimari, Asa’ad Zuba’e, and Salah Al-Ejaili – who had been subjected to torture at the U.S.-run Abu Ghraib prison in Iraq in 2003 and 2004. The case, Al Shimari et al v.

  • Nov 18, 2024 | nytimes.com | Oona A. Hathaway

    The global legal order rests on a kind of collective act of faith. For it to work, nations must trust that other nations will behave as if its principles matter. The system is not so unlike the dollar in this respect: It holds value only when - and only because - most of those who use it believe that it does. This is why Donald Trump's re-election to the American presidency is such a threat to global peace and security.

  • Sep 4, 2024 | justsecurity.org | Jack Goldsmith |Oona A. Hathaway

    This article is cross-posted at Lawfare. On July 12, Director of National Intelligence Avril Haines signed Intelligence Community Directive 711, which establishes new requirements for intelligence community (IC) administration of prepublication reviews. It is the first IC-wide guidance on prepublication review, and it will lead to changes in the much-criticized (including by us) system of prior restraint on speech that applies to millions of current and former U.S. government employees.

  • Aug 1, 2024 | dialnet.unirioja.es | Oona A. Hathaway

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  • Jul 16, 2024 | foreignaffairs.com | Oona A. Hathaway

    The U.S. Supreme Court’s decision on former President Donald Trump’s claims of criminal immunity has provoked grave warnings about a new expansion of presidential power. On July 1, the Court ruled 6–3 along partisan lines that presidents are immune from criminal prosecution for “official acts” but found that they may still be prosecuted for unofficial acts. “The Court effectively creates a law-free zone around the President,” wrote Justice Sonia Sotomayor in her dissent.

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