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.
3,152 Articles

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…

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…

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…

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.

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…

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.

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.

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.

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.

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.

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."

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.