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.
3,162 Articles
Why the White House May Not Dare Fight on Executive Privilege
"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt
Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."
There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay
Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz
Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.
Executive Privilege Cannot Block Bolton’s Testimony
All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
How Chief Justice Chase in Johnson Impeachment Decided on Witnesses
There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
Impeachment Trial and Legal Ethics: Cipollone Should Be a Witness, Not a Trump Lawyer
Top legal ethics expert, Stephen Gillers, raises an issue hiding in plain site.
Hearsay and the Impeachment Trial
How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?
Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause
Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."
What Sort of “Abuse of Power” Would Amount to an Impeachable Offense?
Philip Bobbitt writes that the Ukraine allegations amount to an impeachable abuse of power, but not the way some have framed it.
Pumping the Brakes a Bit on FISA “Reform”
Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
Four Fundamental Flaws in President Trump’s Impeachment Trial Memo
Leading impeachment law scholar pens a scathing critique of President Trump’s Trial Memo sent to senators on Monday.