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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3,162 Articles
A collage of photos of Les Parnas meeting with various people in the Trump administration, including, Trump, Ivanka Trump and Jared Kushner, Kellyanne Conway, Pence, and more.

15 Questions the Media Should Be Asking Lev Parnas

A list of specific questions reporters (and perhaps members of Congress, if the time comes) should be asking Lev Parnas.
Trump and Acting chief of staff Mick Mulvaney listen to comments during a luncheon with representatives of the United Nations Security Council, in the Cabinet Room at the White House on December 5, 2019 in Washington, DC.

GAO Decided Trump’s Hold on Ukraine Funding Was Illegal and It Wasn’t a Tough Call

In addition to the larger implications GAO's decision has for the Senate impeachment trial, a close reading of yesterday's report provides some important new insights.
Former U.S. National Security Advisor John Bolton speaks at the Center for Strategic and International Studies September 30, 2019 in Washington, DC.

Executive Privilege Is No Bar to John Bolton’s Testimony in the Senate

President Donald Trump’s impeachment team reportedly believes that executive privilege poses “significant and important” issues that could prevent former National Security…
William Colby points at a map using a pointer stick.

How Late DCI William Colby Saved the CIA, and What That Can Teach Us Today

His willingness to tell truth to power and the challenges he faced in overseeing previously unimagined institutional reforms offer important lessons at this momentous juncture…
The number 30 on a calendar is surrounded by a big red box.

The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes

A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?

To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
A screenshot of the first page of the Increasing Efficiency of All United States-Based Terrorism Information Sharing Act of 2019.

Reevaluating Our Counter-Terrorism Information Sharing Methods

Senator Hassan writes for Just Security about bipartisan legislation that she introduced with Republican Senator Johnson of Wisconsin, Chairman of the Homeland Security and Governmental…
A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
Fully veiled women walk behind a man with a gun in the northern Kuridish-Syrian city of Qamishli as Uzbek women and children linked to the Islamic State group are handed over to diplomats from the Central Asian country for repatriation, on May 29, 2019.

CVE’s Relevance and Challenges: Central Asia as Surprising Snapshot

With its traditional over-emphasis on security-heavy responses to threats, experts didn't expect the region to be so receptive to "whole-of-society" approaches to counter violent…
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
Speaker of the House Nancy Pelosi (D-CA) presides over Resolution 755 as the House of Representatives votes on the second article of impeachment of US President Donald Trump at in the House Chamber at the US Capitol Building on December 18, 2019 in Washington, DC.

Three Cheers for Speaker Pelosi’s Pause

"The gap between the House vote impeaching President Clinton and the Senate trial was five weeks; patience like empathy seems to be in short supply this season."
Redacted text

Exclusive: Unredacted Ukraine Documents Reveal Extent of Pentagon’s Legal Concerns

Just Security has viewed unredacted emails, which tell the behind-the-scenes story of the defense and budget officials who had to carry out the president’s unexplained hold on…
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