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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3,183 Articles
National Guard with riot gear stand between protestors and the White House during a demonstration over the death of George Floyd, who died in police custody, on June 2, 2020 in Washington, DC.

Invoking “Terrorism” Against Police Protestors

"The invocation of 'terrorism' to respond to Antifa—and those protesting police violence more generally—has real consequences even if it does not create new legal powers."
Members of the National Guard join police in holding a line on the fourth day of protests on May 29, 2020 in Minneapolis, Minnesota.

The President and the Domestic Deployment of the Military: Answers to Five Key Questions

Can President Trump use the military without governors' consent? What are the rules for the use of force?
Red and blue Lights of police car in night time.

White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien

What the available research says about systemic discrimination in law enforcement as well as links to racist and white supremacist ideology.
A demonstrator confronts police as he protests the death of George Floyd, in Los Angeles, California on May 29, 2020.

Don’t Let Trump Say the “American Carnage” of 2020 is What He Claimed in 2016. It’s Not.

The violence we’re seeing right now is not the so-called “American carnage” President Trump described in 2016 as he simultaneously claimed only he could lead the country…
Protests

Far-Right Infiltrators and Agitators in George Floyd Protests: Indicators of White Supremacists

Evidence points to specific White Supremacist and far-right groups having infiltrated George Floyd protests, writes scholar of violent extremism, Georgia State University professor…
Trump, trailed by Treasury Secretary Steven Mnuchin (R) and Secretary of State Mike Pompeo (2nd R), walks to the Rose Garden to make a statement about U.S. relations with China at the White House May 29, 2020.

Trump’s Empty “Withdrawal” from the World Health Organization

WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.
Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
Trump speaks in the Oval Office before signing an executive order related to regulating social media on May 28, 2020 in Washington, DC.

Trump’s Executive Order Targets Twitter, Capitalizing on Right-Wing Grievance

Even if it doesn't lead to action, the threat of regulatory pressure aims to bully social media companies into continuing their hands-off approach to Trump.
Press Briefing by Ms. E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

A Conversation With U.N. Special Rapporteur E. Tendayi Achiume: COVID-19, Racism, and Xenophobia

Editor’s Note: This piece is part of Just Security‘s United Nations Special Rapporteurs on #COVID-19 series, in which mandate holders offer their views on pressing…
US Secretary of State Mike Pompeo takes a question from a reporter during a news conference at the State Department on April 29, 2020.

State’s Selective Cooperation with Congress Raises Legal Questions that Demand Answers

The State Department appears to be engaged in coordinated cooperation with an oversight investigation designed to harm Democratic presidential candidate, Joe Biden, while ignoring…
New Zealand's Prime Minister Jacinda Ardern briefs the media about the COVID-19 coronavirus at the Parliament House in Wellington on April 27, 2020.

What a “Feminist” Approach to Fighting COVID-19 Might Have Achieved

Imagine a global security structure based on principles of cooperation, human security, pragmatism, transparency, and inclusivity.
Side by side photographs of Eli Lake and Michael Flynn. The photo of Eli Lake is at a new America Foundation event. The photo of Michael Flynn is him coming out of a courthouse.

Eli Lake’s Omissions and Misleading Facts in Defense of Michael Flynn

Lake's essay has been called “the best summary of the pro-Flynn argument you'll ever read,” but former US Attorney and Professor Barbara McQuade finds Lake's analysis omits…
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