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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3,152 Articles
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Donald Trump takes part in a welcoming ceremony with China's President Xi Jinping on November 9, 2017 in Beijing, China.

Nixon Went to China. Trump Should Go to Wuhan.

This week the annual meeting of the World Health Assembly of the World Health Organization (WHO) convenes in virtual format, under the shadow of a dangerous pandemic, and with…
Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC.

Why the Flynn Dismissal Deserves a Hard Look by the Court

The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Donald Trump speaking and Michael Flynn in the background

Anticipating Phase Two of the Trumped Up “Obamagate”

Grappling with the potential criminal liability of leakers of the Flynn phone call, and how Trump and Barr will exploit it in their ongoing campaign of public deception.
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
flags of Department of Justice and USA

DC Needs a New U.S. Attorney

Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.
Afghan men gather near the road as a military convoy by soldiers from the 1st Platoon, 1-64 Armoured Batallion, US Army - operating under NATO - roll-past security patrols at Morghan-Kecha village in Daman district, Kandahar on September 6, 2012.

Here’s What the New DoD Policy on Civilian Harm Should Include

It should standardize good practice and set the bar where it belongs: safeguarding civilian life from the effects of U.S. military operations.
US Army from NATO and Afghan commando forces at a checkpoint during a patrol against Islamic State militants at the Deh Bala district in the eastern province of Nangarhar Province. There are multiple vehicles around the checkpoint.

Grading DOD’s Annual Civilian Casualties Report: “Incomplete”

The new information demonstrates how much progress the department has made and yet how much of a paradigm shift is still needed for full accountability.
William Barr on Fox News April 9 2020. The caption on the screen reads, “Atty Gen Barr on Status of Durham Investigation.”

Barr Ignores Settled Justice Department Policies in Run-Up to 2020 Elections

Apparently seeking to support false claims about the Russia investigation and the president's reelection bid, the attorney general flouts long-settled DOJ policy.
Protesters demonstrate against Facebook policies in Algeria in front of Facebook's headquarters in Paris on November 14, 2019.

The Facebook Oversight Board: An Experiment in Self-Regulation

It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.
Rep. Jim Jordan, (R-OH) speaks to Rep. John Ratcliffe (R-TX) during break during a House Judiciary Committee hearing questioning staff lawyer Stephen Castor, representing the minority Republicans, and staff lawyer Daniel Goldman, representing the majority Democrats, in the Longworth House Office Building on Capitol Hill December 9, 2019 in Washington, DC.

Ratcliffe’s Radical Positions During the Impeachment Proceedings

"There were many paths open to congressional Republicans in how they addressed the impeachment process. Very few chose Ratcliffe’s approach."
Trump sits during a meeting to sign executive orders in the Hall of Heroes at the Department of Defense on January 27, 2017.

The Looming Crisis of Emergency Powers and Holding the 2020 Presidential Election

A road map to how Trump could use presidential powers to suppress turnout, postpone, or contest election — and what Americans can do about it.
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