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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Acting US Director of National Intelligence Richard Grenell whispers in US Vice President Mike Pence's ear as US President Donald Trump speaks during a signing ceremony in the Oval Office of the White House in Washington, DC, on September 4, 2020. (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)

US Democracy’s Survival Requires a More Powerful Response to January 6th

Team Trump's shocking efforts to manipulate government institutions to overturn the 2020 election results echo despots abroad.

Jul. 15, 2022 Douglas London

Image: A group of about 12 men, all wearing white cowboy hats, sit around a conference table. Texas Governor Greg Abbott sits at the end of the table, speaking, in front of the seal of the state of Texas and flanked by American and Texas flags. AUSTIN, TX - JULY 10: Texas Gov. Greg Abbott speaks during a border security briefing with sheriffs from border communities at the Texas State Capitol on July 10, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty Images)

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order

The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.

Jul. 13, 2022 Katherine Yon Ebright and Joseph Nunn

A noose is displayed on a projector screen as U.S. Rep. Bennie Thompson (D-MS), Chair of the Select Committee to Investigate the January 6th Attack on the U.S. Capitol, delivers opening remarks during the third hearing on the January 6th investigation in the Cannon House Office Building on June 16, 2022 in Washington, DC.

January 6th and America’s Ambivalence about Political Accountability

Real accountability requires placing the events of January 6th in the context of ongoing efforts to perpetuate election disinformation.

Jul. 12, 2022 Ambassador P. Michael McKinley (ret.)

Committee members attend the fifth hearing held by the Select Committee to Investigate the January 6th Attack on the U.S. Capitol on June 23, 2022 in the Cannon House Office Building in Washington, DC.

Strongest Evidence of Guilt: Chart Tracking Trump’s Knowledge and Intent in Efforts to Overturn the Election

Key facts — concerning President Trump’s knowledge and beliefs when trying to overturn the election — based on Jan 6 hearings.

Jul. 11, 2022 Ryan Goodman, Justin Hendrix and 1 more

Image: Hands hold a smartphone, the screen of which shows a series of chat messages in Chinese. The background is dark. This picture taken on July 16, 2021 shows user Melissa messaging her virtual boyfriend - a chatbot created by XiaoIce, an artificial intelligence system designed to create emotional bonds with its estimated 660 million users worldwide - on her mobile phone in Beijing. - (Photo by WANG ZHAO/AFP via Getty Images)

The Existential Threat of AI-Enhanced Disinformation Operations

As AI capabilities improve, they will become increasingly effective tools for manipulating and fooling humans - with political, social, and epistemological consequences.

Jul. 8, 2022 Bradley Honigberg

Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., stand after to reading the final certification of Electoral College votes cast in November's presidential election during a joint session of Congress, after working through the night, at the Capitol on January 7, 2021 in Washington, DC.

A Historical Perspective on Alternate Electors: Lessons from Hayes-Tilden

The attempt to overturn the results of the 2020 election has raised questions about a historical example in which self-proclaimed electoral votes were sent to, and considered by,…

Jul. 7, 2022 Edward B Foley

A collage of images featuring Marjorie Taylor Green, Allen West and Roger Stone with right-wing militia groups.

The GOP’s Militia Problem: Proud Boys, Oath Keepers and Lessons from Abroad

Scholar of comparative politics and expert on descent of political parties into use of violence/militia discusses the danger signs in United States.

Jul. 6, 2022 Rachel Kleinfeld

Military members stand during rescue and search operations in front of a damaged facade of a hit by shelling apartment building on June 26, 2022 in Kyiv, Ukraine.

Protecting Civilians from Explosive Weapons in Populated Areas: A New Political Declaration

On June 17, states gathered at the United Nations (U.N.) in Geneva to discuss the final draft of a potentially ground-breaking political declaration that sets new and express standards…

Jul. 6, 2022 Simon Bagshaw

A video featuring White House Counsel Pat Cipollone and deputy Pat Philbin is played during the fifth hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 23, 2022 in Washington, DC.

The Law Requires Pat Cipollone to Answer the Jan. 6 Committee’s Questions

Former White House Counsel W. Neil Eggleston writes about the legal and professional implications for Trump's White House Counsel if Cipollone refuses to appear and fully answer…

Jul. 5, 2022 W. Neil Eggleston

Cassidy Hutchinson, a top former aide to Trump White House Chief of Staff Mark Meadows, testifies during the sixth hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 28, 2022 in Washington, DC.

The January 6th Hearings: Criminal Evidence Tracker Sixth Edition

The January 6th Select Committee’s sixth public hearing on Tuesday featured explosive testimony from Cassidy Hutchinson, an aide to Trump’s chief of staff Mark Meadows. She…

Jun. 30, 2022 Noah Bookbinder, Norman L. Eisen and 5 more

The US Constitution with a gavel laid on it.

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists

With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…

Jun. 30, 2022 Helen White

Cassidy Hutchinson, former aide to Trump White House Chief of Staff Mark Meadows, is sworn in to testify as the House select committee investigating the Jan. 6 attack on the US Capitol holds a hearing at the Capitol in Washington, DC, June 28, 2022. (Photo by SHAWN THEW/POOL/AFP via Getty Images)

For US Independence Day, January 6th Hearings Reveal Authoritarianism’s Achilles Heel

Donald Trump’s failure to overturn the 2020 election wasn’t inevitable. It depended on individual decisions amid mass mobilization.

Jun. 30, 2022 Maria J. Stephan

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