Democracy & Rule of Law

Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.

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3,333 Articles
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
People embrace near a memorial for the shooting victims outside of Tops grocery store on May 20, 2022 in Buffalo, New York. 18-year-old Payton Gendron was accused of the mass shooting that killed 10 people at the Tops grocery store on the east side of Buffalo on May 14th and was investigated as a hate crime.

Oversight Reports Raise Questions About Value of DHS Counterterrorism Efforts

Twenty years after DHS was cobbled together in the wake of 9/11, it’s time to seriously examine which of its programs really protect us.
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
Pile of stickers with text "I Voted" and US flag image

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

Trump and the Insurrection Act: The Legal Framework

University of Chicago Law Professor Al Alschuler writes that the evidence is sufficient to indict Trump under Insurrection Act, 18 U.S. Code § 2383.
CHARLOTTESVILLE, VA - JULY 08: Counter protestors are held back by riot police as the Ku Klux Klan leaves a staged rally on July 8, 2017 in Charlottesville, Virginia.

Five Years After “Unite the Right”: Reflections on Charlottesville for Today’s Threat Landscape

Charlottesville was a watershed moment in US politics and a wake-up call to the counterterrorism community. What lessons have been learned on how to counter white supremacist extremism?
The US Department of Homeland Security building

DHS IG Cuffari’s Actions Exhibit Clear Pattern: Unwillingness or Inability to Meet the Mission

President Biden may be tempted to let the inspector general community police their own, but that might tacitly approve inferior performance.
Former director of CIA and former commander of U.S. Forces in Afghanistan Gen. David Petraeus gives a speech in front of a federal courthouse. News microphones surround him.

Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation

In the retired general's case, the FBI executed a search warrant at his home and seized notebooks allegedly containing classified material.
A photo of a white male police officer wearing sunglasses and police uniform, standing next to two vehicles in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents

The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.
Ian James Mwai (R), 23, browses social media platforms on his mobile phone with a member of his outfit of social media influencers at an office in Thika town, central Kenya on April 26, 2022. He was in the vanguard of the growing ranks of influencers feverishly punching keyboards and hoping to tilt the outcome of the country's high-stakes elections, being conducted today, Aug. 9. The rising dominance of apps like Twitter and Facebook has opened a new front in Kenyan politics, with candidates desperate to draw the attention of the country's 12 million social media users.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta

Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…

America’s Forgotten Balkan Allies

Before Russia opens yet another war theater through its proxies, the US must recalibrate policy to restore influence in the region.
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments

Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…
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