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
Senate Majority Leader Mitch McConnell (R-KY) arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

Republican Senators’ Short-Sighted Justifications for Acquitting Trump

Why Senator Ted Cruz's approach, rather than Lamar Alexander's, creates vulnerabilities for the White House and Republican Senators down the line.
A representative of the Rohingya group greets Gambian Justice Minister Abubacarr Tambadou at the meeting held at the International Court of Justice on January 23, 2020 in The Hague, Netherlands.

Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya

It will be important to identify the pathways for Myanmar to comply within a governmental system that gives its military extensive autonomy, while not allowing it to hide behind…
Trump and Bolton

John Bolton’s Silence — Here’s how he could lawfully break it

"If he wanted to, Bolton could this afternoon ..."
Rohingya refugees watch ICJ proceedings at a restaurant in a refugee camp on December 12, 2019 in Cox's Bazar, Bangladesh.

Myanmar’s Commission Report Delivers Genocide Denial Playbook

Ignoring such propaganda only risks undermining efforts to stop atrocities.
The White House as seem from outside the West Wing. A guard stands at the entrance.

Timeline: Trump, Giuliani, Biden, and Ukrainegate

A comprehensive chronology of events involving "Ukrainegate" and President Trump and Rudy Giuliani's efforts to persuade the Ukrainian government to investigate former Vice President…
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
Pat Cipollone, White House counsel, waits for an elevator as he arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

The Ukrainian “Drug Deal” and All the President’s Lawyers

Lawyers in the Trump administration appear to be acting more like operatives helping to facilitate an illegal scheme, rather than lawyers with an obligation to end it.
A stack of newspapers.

Lessons for Life: The Obituaries of Republicans Who Opposed Nixon’s Impeachment

"If the reference is not made in the obituary’s headline, it still appears as a central point in the narrative of their lives as that single decision affected the course of history."
$100 US Bill

Sudan’s Push for Removal from U.S. Terror List: Not a Panacea

There are ways to achieve the goals Sudan’s pro-democracy forces have set for their country, but it will require multiple, methodical steps by both Sudan and the United States.
Trump and Bolton

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…
Trump

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."
Senate Majority Leader Mitch McConnell (R-KY) leaves the Senate floor at the conclusion of the third day of the Senate impeachment trial of President Donald Trump on January 23, 2020 in Washington, DC.

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.
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