The contexts posing the greatest challenges to a rule-of-law concept of executive power involve war and national emergencies. Do the needs for expediency and confidentiality often associated with war-making and national emergencies preclude legal accountability for executive action in the face of exigency? Peter Shane explores the issues with law professors David Driesen and Matthew Waxman, along with Elizabeth (Liza) Goitein, Senior Director, Liberty & National Security, at the Brennan Center for Justice.