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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3,182 Articles
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…
US Department of Justice building at night.

Selective Disclosure of OLC legal Opinions Isn’t Enough

The ad hoc release of OLC opinions raises more fundamental questions about the role of the OLC and the public’s right to know how the executive branch interprets the law.
A flag waves in front of the U.S. Capitol building.

The Senate Must Conduct an Impeachment Trial That Is Serious and Fair

The American people deserve an impeachment trial that is fair and serious. The Chief Justice and the members of the Senate should deliver one.
An employee at the Utah County Election office puts mail in ballots into a container to register the vote in the midterm elections on November 6, 2018 in Provo, Utah.

The Trump-Giuliani Election Plan: Manipulating Voters

The public debate has included frequent reference to the potential destructive effects: illegal foreign interference in a presidential election that damages America’s democracy…
US Attorney General William Barr (L) and US President Donald Trump

A National Security Impeachment

"What this standoff also reveals is a deeper threat to our constitutional system, and a pathway forward for legislators to guard against abuses by this and future presidents."
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