During the fall, the Task Force put on a five-part series on Preserving the Rule of Law in an Age of Disruption, featuring many of today’s leading legal analysts and commentators. We are pleased to make all five sessions available on video. You can find them, as well as all of the Task Force’s reports, here.
Attorney General Barr Should Recuse Himself from Department of Justice Review of Ukraine Matter
“A nation founded on a commitment to the rule of law cannot have an Attorney General who by his actions appears to undermine the bedrock principle on which our nation relies – that all federal officials, including the President, are subject to the rule of law. Mr. Barr’s failure to recuse himself from any involvement in the DOJ’s review of the whistleblower complaint and its disclosure to Congress undermined that principle.”
February 2020
On the Prosecution of Roger Stone
“Recent actions by the U.S. Attorney’s Office for the District of Columbia…raise serious questions about whether the Department of Justice is making prosecutorial decisions based not on neutral principles but in order to protect President Trump’s supporters and friends. In our criminal justice system, a single standard must apply to all who are accused or convicted of violating the law—unequal treatment based on political influence is to be deplored in all cases but is especially dangerous if it emanates from the presidency.”
April 2020
Condemning 2019 Presidential Pardons of Accused and Convicted War Criminals
“The military is founded upon rules, codes, and standards. Ignoring those standards and impugning those who uphold them undermines the entire American military system. Doing it for apparent political gain, and then seeking to exploit these pardoned murderers for further political gain, damages it even further. These actions undermine good order and discipline, degrade the military justice system, and erode the very foundation of civilian military leadership.”
April 2020
Urging the Senate to Revise National Emergencies Act by Passing ARTICLE ONE Act
“Finding that the U.S. President can exercise extensive emergency powers that Congress has proven unable to limit once an emergency has been declared, the New York City Bar Association has issued a report urging enactment, with a modification, of the ARTICLE ONE Act sponsored by Senator Mike Lee (R-UT) in order to rebalance the relationship between the Executive and Legislative Branches in the exercise of authority during national emergencies not involving military conflict. The City Bar further urges Congress to review the entire statutory framework for granting the Executive the power to operate under emergencies and other special circumstances in order to limit potential abuse of those powers.”
April 2020
Protecting the Independence of the Federal Inspector General Offices
“Those whose jobs involve oversight are working in difficult and often contentious positions, and are extremely vulnerable to abuse by those who do not necessarily want these jobs done, or who do not want them done with independence and transparency.”
May 2020
Converting Guantánamo Bay Military Commissions Into An Article III Court
“[T]he military commissions have garnered a mere 8 convictions – half of which have already been overturned and the remainder of which remain on post-trial appeal….By contrast, traditional Article III courts have secured more than 660 terrorism convictions since 9/11, with a more than 90% conviction rate, few reversals, and no notable scandals. In an Article III court, Khalid Sheikh Mohammed and the other alleged 9/11 masterminds could have already been prosecuted and sentenced for capital crimes – with all appeals completed – years ago. The military commissions have cost more than $6 billion to date and are estimated to cost an additional $400 million each year going forward. The current situation at Guantánamo is untenable. Something needs to change.”
June 2020
Amicus Brief in Michael Flynn Case Cites “Serious Public Concern about the Fair Administration of Justice”
“The abrupt about-face by the government on the eve of Petitioner’s sentencing threatens to undermine public confidence in, and raises substantial questions about, the administration of justice. This is particularly true where the Petitioner is a close associate of the President and former high-ranking member of the current administration, especially in light of Attorney General William Barr’s recent decision to override his own staff prosecutors’ sentencing recommendations in the case of Roger Stone, another intimate of the President.”
June 2020
Lafayette Square Protests
“The deployment of such extreme and violent measures against innocent civilians exercising rights guaranteed in the Constitution, and particularly the ostentatious militarization of the display of force, raises profound questions about actions that do not appear to be consistent with law.”
July 2020
Support for the International Criminal Court
“[T]he United States government is sending a clear message to those involved in any investigation of U.S. conduct that any attempt at uncovering the truth will be met with resistance, economic punishment, and being made a pariah in the U.S.…[This] is squarely at odds with our history as a nation that adheres to, and champions, the rule of law.”
July 2020
On the Use of the COVID-19 Pandemic to Undermine Asylum Law and Protections for Unaccompanied Children
“New policies implemented in response to the pandemic have led to the expulsion of more than 40,000 people, including unaccompanied children and asylum seekers….The administration must not circumvent Congress to chip away at humanitarian protections….Using the pandemic to bypass the duly enacted immigration statute not only undermines the rule of law, but also erodes confidence in the CDC and public health recommendations during a pandemic.”
July 2020
Pardoning Roger Stone: Letter to the President
“”Where, as here, the pardon power is wielded in tandem with the Attorney General’s overruling of career prosecutors to urge an unusually lenient sentence for Mr. Stone and follows the President’s own public attacks on the federal judge presiding over the prosecution, the cumulative effect of these actions amounts to a Presidential claim to be beyond the reach of the law that your oath requires you to uphold. This is the very claim that the Supreme Court has repeatedly rejected throughout our nation’s history and decisively rejected once again this past week in Trump v. Vance.”
Find all of the Task Force’s work here.
On the Improper Use of Militarized Federal Law Enforcement Officers in Portland, Oregon
“President Trump’s use of armed security forces to ‘dominate’ the streets of Portland, Oregon, is unlawful and a threat to all Americans. Federal security forces are not authorized to supplant local police enforcement except in narrow circumstances clearly not present in Portland, which is not in a state of civil unrest and where the Mayor and Governor both objected to the use of federal forces to disperse and detain peaceful demonstrators exercising their Constitutional rights….Because the President has made clear that he wishes to replicate this inappropriate and illegal use of force in other areas of the country, the federal government’s actions in Portland must be seen for what they are – a direct threat to the democratic foundation of our country and to the rule of law on which that foundation rests. The use of federal agents in this way is equivalent to the standing army that was feared by our Founders and cannot be accepted as “normal” but rather as an action contrary to our history, tradition and democratic norms.”
September 2020
Potential Hatch Act and State Department Policy Violations by Secretary of State
“Unfortunately, recent actions by the Secretary of State, Mike Pompeo, amplify this danger and send the unacceptable message that Mr. Pompeo views his primary loyalty to Mr. Trump rather than to the Constitution and laws of the United States and to the American people, whom he represents in our nation’s dealings with other countries.”
September 2020
Recent U.S. Postal Service Operational Changes That Could Impact Voting By Mail-In Ballot
“The New York City Bar Association has issued a statement questioning “the lawfulness of recent actions taken by the newly-appointed Postmaster General (PG) Louis DeJoy, actions that appear to violate the laws governing the USPS and to potentially threaten the Constitutional right of millions of Americans to cast their votes in the forthcoming Presidential and other elections this November.”
October 2020
On the Independence of the Immigration Courts
“The Attorney General’s dual position as both the nation’s chief immigration adjudicator and chief prosecutor is an inherent conflict of interest….Moving the immigration court system out of the DOJ and making it into an independent Article I court would safeguard immigration law from being rewritten by each administration, and would thus ensure due process for the immigrants appearing before the courts.”
November 2020
On Lawyers’ and Public Officials’ Obligations During the Presidential Transition
“[T]o the extent lawyers have filed election-challenge cases that lack any plausible basis in fact or law, as many judges are finding, then the public is justified in believing that such cases were filed primarily to cast doubt on the legitimacy of our nation’s most fundamental democratic procedure – the election of our President. Not only do these actions contribute to the public’s lack of trust in our institutions, but also, they do a regrettable disservice to our profession’s commitment to the rule of law.”
Find all of the Task Force’s work here.
December 2020
Calling on American Lawyers to Support the Rule of Law
“We speak today because we believe all members of our profession have an indispensable role to play in restoring the rule of law and renewing our nation’s commitment to compliance with law by those entrusted with governmental power. We also speak to encourage civil discourse, the peaceful resolution of disputes within our society, and respect for the diversity, dignity and rights of all members of our dynamic nation. Because the active commitment of our entire profession is essential for these tasks, we urge our fellow lawyers across the United States to speak and act, now and in the coming days and months, to help our nation realize these goals….We call upon our fellow members of the bar to step up, to speak out and to act responsibly in the best traditions of our profession. If we fail to do so, there is no guarantee that our democracy, based upon the rule of law, will endure for future generations.”
During the fall, the Task Force put on a five-part series on Preserving the Rule of Law in an Age of Disruption, featuring many of today’s leading legal analysts and commentators. We are pleased to make all five sessions available on video. You can find them, as well as all of the Task Force’s reports, here.
Attorney General Barr Should Recuse Himself from Department of Justice Review of Ukraine Matter
“A nation founded on a commitment to the rule of law cannot have an Attorney General who by his actions appears to undermine the bedrock principle on which our nation relies – that all federal officials, including the President, are subject to the rule of law. Mr. Barr’s failure to recuse himself from any involvement in the DOJ’s review of the whistleblower complaint and its disclosure to Congress undermined that principle.”
February 2020
On the Prosecution of Roger Stone
“Recent actions by the U.S. Attorney’s Office for the District of Columbia…raise serious questions about whether the Department of Justice is making prosecutorial decisions based not on neutral principles but in order to protect President Trump’s supporters and friends. In our criminal justice system, a single standard must apply to all who are accused or convicted of violating the law—unequal treatment based on political influence is to be deplored in all cases but is especially dangerous if it emanates from the presidency.”
April 2020
Condemning 2019 Presidential Pardons of Accused and Convicted War Criminals
“The military is founded upon rules, codes, and standards. Ignoring those standards and impugning those who uphold them undermines the entire American military system. Doing it for apparent political gain, and then seeking to exploit these pardoned murderers for further political gain, damages it even further. These actions undermine good order and discipline, degrade the military justice system, and erode the very foundation of civilian military leadership.”
April 2020
Urging the Senate to Revise National Emergencies Act by Passing ARTICLE ONE Act
“Finding that the U.S. President can exercise extensive emergency powers that Congress has proven unable to limit once an emergency has been declared, the New York City Bar Association has issued a report urging enactment, with a modification, of the ARTICLE ONE Act sponsored by Senator Mike Lee (R-UT) in order to rebalance the relationship between the Executive and Legislative Branches in the exercise of authority during national emergencies not involving military conflict. The City Bar further urges Congress to review the entire statutory framework for granting the Executive the power to operate under emergencies and other special circumstances in order to limit potential abuse of those powers.”
April 2020
Protecting the Independence of the Federal Inspector General Offices
“Those whose jobs involve oversight are working in difficult and often contentious positions, and are extremely vulnerable to abuse by those who do not necessarily want these jobs done, or who do not want them done with independence and transparency.”
May 2020
Converting Guantánamo Bay Military Commissions Into An Article III Court
“[T]he military commissions have garnered a mere 8 convictions – half of which have already been overturned and the remainder of which remain on post-trial appeal….By contrast, traditional Article III courts have secured more than 660 terrorism convictions since 9/11, with a more than 90% conviction rate, few reversals, and no notable scandals. In an Article III court, Khalid Sheikh Mohammed and the other alleged 9/11 masterminds could have already been prosecuted and sentenced for capital crimes – with all appeals completed – years ago. The military commissions have cost more than $6 billion to date and are estimated to cost an additional $400 million each year going forward. The current situation at Guantánamo is untenable. Something needs to change.”
June 2020
Amicus Brief in Michael Flynn Case Cites “Serious Public Concern about the Fair Administration of Justice”
“The abrupt about-face by the government on the eve of Petitioner’s sentencing threatens to undermine public confidence in, and raises substantial questions about, the administration of justice. This is particularly true where the Petitioner is a close associate of the President and former high-ranking member of the current administration, especially in light of Attorney General William Barr’s recent decision to override his own staff prosecutors’ sentencing recommendations in the case of Roger Stone, another intimate of the President.”
June 2020
Lafayette Square Protests
“The deployment of such extreme and violent measures against innocent civilians exercising rights guaranteed in the Constitution, and particularly the ostentatious militarization of the display of force, raises profound questions about actions that do not appear to be consistent with law.”
July 2020
Support for the International Criminal Court
“[T]he United States government is sending a clear message to those involved in any investigation of U.S. conduct that any attempt at uncovering the truth will be met with resistance, economic punishment, and being made a pariah in the U.S.…[This] is squarely at odds with our history as a nation that adheres to, and champions, the rule of law.”
July 2020
On the Use of the COVID-19 Pandemic to Undermine Asylum Law and Protections for Unaccompanied Children
“New policies implemented in response to the pandemic have led to the expulsion of more than 40,000 people, including unaccompanied children and asylum seekers….The administration must not circumvent Congress to chip away at humanitarian protections….Using the pandemic to bypass the duly enacted immigration statute not only undermines the rule of law, but also erodes confidence in the CDC and public health recommendations during a pandemic.”
July 2020
Pardoning Roger Stone: Letter to the President
“”Where, as here, the pardon power is wielded in tandem with the Attorney General’s overruling of career prosecutors to urge an unusually lenient sentence for Mr. Stone and follows the President’s own public attacks on the federal judge presiding over the prosecution, the cumulative effect of these actions amounts to a Presidential claim to be beyond the reach of the law that your oath requires you to uphold. This is the very claim that the Supreme Court has repeatedly rejected throughout our nation’s history and decisively rejected once again this past week in Trump v. Vance.”
Find all of the Task Force’s work here.
On the Improper Use of Militarized Federal Law Enforcement Officers in Portland, Oregon
“President Trump’s use of armed security forces to ‘dominate’ the streets of Portland, Oregon, is unlawful and a threat to all Americans. Federal security forces are not authorized to supplant local police enforcement except in narrow circumstances clearly not present in Portland, which is not in a state of civil unrest and where the Mayor and Governor both objected to the use of federal forces to disperse and detain peaceful demonstrators exercising their Constitutional rights….Because the President has made clear that he wishes to replicate this inappropriate and illegal use of force in other areas of the country, the federal government’s actions in Portland must be seen for what they are – a direct threat to the democratic foundation of our country and to the rule of law on which that foundation rests. The use of federal agents in this way is equivalent to the standing army that was feared by our Founders and cannot be accepted as “normal” but rather as an action contrary to our history, tradition and democratic norms.”
September 2020
Potential Hatch Act and State Department Policy Violations by Secretary of State
“Unfortunately, recent actions by the Secretary of State, Mike Pompeo, amplify this danger and send the unacceptable message that Mr. Pompeo views his primary loyalty to Mr. Trump rather than to the Constitution and laws of the United States and to the American people, whom he represents in our nation’s dealings with other countries.”
September 2020
Recent U.S. Postal Service Operational Changes That Could Impact Voting By Mail-In Ballot
“The New York City Bar Association has issued a statement questioning “the lawfulness of recent actions taken by the newly-appointed Postmaster General (PG) Louis DeJoy, actions that appear to violate the laws governing the USPS and to potentially threaten the Constitutional right of millions of Americans to cast their votes in the forthcoming Presidential and other elections this November.”
October 2020
On the Independence of the Immigration Courts
“The Attorney General’s dual position as both the nation’s chief immigration adjudicator and chief prosecutor is an inherent conflict of interest….Moving the immigration court system out of the DOJ and making it into an independent Article I court would safeguard immigration law from being rewritten by each administration, and would thus ensure due process for the immigrants appearing before the courts.”
November 2020
On Lawyers’ and Public Officials’ Obligations During the Presidential Transition
“[T]o the extent lawyers have filed election-challenge cases that lack any plausible basis in fact or law, as many judges are finding, then the public is justified in believing that such cases were filed primarily to cast doubt on the legitimacy of our nation’s most fundamental democratic procedure – the election of our President. Not only do these actions contribute to the public’s lack of trust in our institutions, but also, they do a regrettable disservice to our profession’s commitment to the rule of law.”
Find all of the Task Force’s work here.
December 2020
Calling on American Lawyers to Support the Rule of Law
“We speak today because we believe all members of our profession have an indispensable role to play in restoring the rule of law and renewing our nation’s commitment to compliance with law by those entrusted with governmental power. We also speak to encourage civil discourse, the peaceful resolution of disputes within our society, and respect for the diversity, dignity and rights of all members of our dynamic nation. Because the active commitment of our entire profession is essential for these tasks, we urge our fellow lawyers across the United States to speak and act, now and in the coming days and months, to help our nation realize these goals….We call upon our fellow members of the bar to step up, to speak out and to act responsibly in the best traditions of our profession. If we fail to do so, there is no guarantee that our democracy, based upon the rule of law, will endure for future generations.”