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.
3,335 Articles
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…
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…
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.
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."
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.
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.