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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3,181 Articles
Chairman Jerry Nadler speaks as US Attorney General Bill Barr fails to attend a hearing before the House Judiciary Committee on Capitol Hill in Washington, DC, on May 2, 2019.

McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness

Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
Tourists read newspapers with the headline, “Nixon Resigning” while standing in front of the White House.

The Nixon Impeachment—A Blueprint for Today

The Nixon blueprint includes smart devices—like appointing a Republican Chief Counsel—to conduct more effective impeachment hearings.
Side-by-side photos of Mueller and Trump.

Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President

Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
Nixon flashes the victory hand signal as he stands outside a helicopter.

Lesson from Nixon: With Today’s Facts, Impeaching Trump Won’t Work

Impeachment of a president is a political act by Congress requiring time, facts, and bipartisan support in both the House and the Senate. The Nixon impeachment had all that. Trump's…
A person types on a laptop. Translucent icons litter the image to represent cybersecurity.

CTRL+HALT+Defeat: State-Sponsored Surveillance and the Suppression of Dissent

A new lawsuit in Israeli court seeks accountability for the export of malicious spyware used for digital surveillance of human rights defenders, journalists, and political dissidents.…
Side-by-side photos of Nixon and Trump.

The Precedent for Impeachment: Nixon, Not Clinton

[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and…

An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump Pre-Impeachment

Blumenthal writes, "The Clinton example as a predictor should be dispensed with in considering Trump. ... Trump proceeds from a much weaker position than Nixon. He depends entirely…
Side-by-side photos of Rudy Giuliani and Jay Sekulow.

All the President’s Lawyers: A Chart of Misconduct and Possible Crimes Revealed by Mueller Report

A nine-page Chart closely tracks the Mueller Report’s references to potential wrongdoing by President Trump’s personal lawyers.
A copy of the Mueller Report opened to page 166 and 167. Significant portions of the text are redacted.

Enforcing Congressional Subpoenas: A Modest Proposal

A change in the law that would enhance Congress’s ability to extract information from the executive branch is a heavy lift, particularly in the current climate. With that in…
House Judiciary Chairman Rep. Jerrold Nadler (D-NY) holds up copies of the Starr Report during a House Judiciary Committee markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report, on Capitol Hill April 3, 2019 in Washington, DC.

The Barr-Nadler Subpoena Standoff: Still Room for Accommodation?

In its standoff with the House Judiciary Committee over the Mueller report, the Justice Department’s assertions when it comes to protecting its law enforcement equities, are…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) presides over a mark-up hearing where members may vote to hold Attorney General William Barr in contempt of Congress for not providing an unredacted copy of special prosecutor Robert Mueller's report in the Rayburn House Office Building on Capitol Hill May 08, 2019 in Washington, DC.

Q&A on House-Justice Dept Showdown Over Release of Unredacted Mueller Report and Contempt of Congress

We asked top expert Andy Wright, who has served in both the White House Counsel's Office and on the House Committee on Oversight and Government Reform.
A demonstrator holds a poster picturing Saudi journalist Jamal Khashoggi and a lightened candle during a gathering outside the Saudi Arabia consulate in Istanbul, on October 25, 2018.

Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi

The Knight First Amendment Institute and the Committee to Protect Journalists have obtained "Duty to Warn" documents that shed new light on what a U.S. intelligence officer would…
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