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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3,161 Articles
Trump check to Michael Cohen for $35,000 on 8/1/2017

Can Trump Organization Executives Be Prosecuted for Money Laundering?

"Michael Cohen has painted a target on Trump Organization executives in court and Congress. If prosecutors and grand jurors accept the evidence presented in Cohen’s SDNY sentencing…
Senior Advisor Jared Kushner and Secretary of Homeland Security John Kelly listen while US President Donald Trump puts his papers away at the beginning of a meeting on cyber security in the Roosevelt Room of the White House January 31, 2017 in Washington, DC.

The White House Counsel’s Flawed Response to Congress on Security Clearances

Intensifying congressional oversight activity prompted President Donald Trump to accuse Democrats of “presidential harassment.” He complained — falsely — that President…
Michael Cohen, US President Donald Trump's former personal attorney, is sworn in to testify before the House Oversight and Reform Committee in the Rayburn House Office Building on Capitol Hill in Washington, DC on February 27, 2019.

Trump Told Cohen to Lie to Congress About “Collusion” in General—Not just the Moscow Tower deal

"What has largely escaped notice is that Cohen directly implicated the President in an instruction to lie about collusion more generally. Cohen’s about face on the question of…
U.S. President Donald Trump holds up his fist after he spoke on border security at a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in February 2019

Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
Small Business and Entrepreneurship Committee Chairman James Risch (R-ID), Senate Majority Leader Mitch McConnell (R-KY) and Senate Majority Whip John Cornyn (R-TX)

Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views

The Trump administration has refused to submit a report to Congress, as required by federal statute, providing a determination whether Saudi Arabia's Crown Prince Mohammed bin…
A collage of Michael Cohen and Donald Trump

The Biggest Bombshell in Michael Cohen’s Written Testimony

'"The biggest bombshell is this one: Cohen's statement that Roger Stone informed candidate Trump in advance of Wikileaks' release of the stolen emails (and Trump's responding with…
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply

As the Watergate scandal deepened in November 1973, President Richard Nixon declared: “People have got to know whether or not their President is a crook.” Nixon was right.…
Russian journalists watch a TV showing U.S. President Donald Trump shaking hands with Russian President Vladimir Putin at the press center of Presidential Palace on July 16, 2018 in Helsinki, Finland.

Stop Using the Word “Collusion”—How to Frame the Critical Question at the Heart of Trump-Russia

Much of the discussion surrounding the Trump campaign’s contacts with Russia in the months leading up to the 2016 election has been mystifying for the American public. As the…
Michael Cohen is surrounded by press as he arrives at federal court for his sentencing hearing, December 12, 2018 in New York City.

Questioning Michael Cohen: An Advanced Course in Congressional Investigations

Michael Cohen, President Donald Trump’s former lawyer, has announced his willingness to testify before the House Oversight and Reform Committee and the House and Senate intelligence…
Trump and Putin speak while waiting for a meeting in Helsinki, on July 16, 2018. American and Russian flags stand in the background and two staffers sit with paper notebooks on the sides.

Will Executive Privilege Block Congress’ Access to Trump-Putin Helsinki Meeting Notes?

Executive privilege looms large as Congress seeks translator's notes about the off-books Trump-Putin meeting in Helsinki. But that is only the beginning of the separation of powers…
Judges Marc Perrin de Brichambaut, Bertram Schmitt and Raul Pangalangan sit in the courtroom prior to the sentencing of Congolese vice president Jean-Pierre Bemba and his accomplices before the International Criminal Court (ICC) in The Hague, The Netherlands, on March 22, 2017.

ICC Judge Schmitt Counsels Resilience to Preserve International Justice

Editor’s note: At a difficult time for the International Criminal Court (ICC)—criticism over recent rulings, resistance from current and prospective members, and threats from…
Senate Intelligence Committee Chairman Richard Burr (R-NC) (R) listens to ranking member Sen. Mark Warner (D-VA) question officials from the intelligence community during a hearing in the Hart Senate Office Building on Capitol Hill February 13, 2018 in Washington, DC.

Who is Richard Burr, Really? Why the public can’t trust his voice in the Russia probe

On the same day that Senator Richard Burr (R-N.C.) officially joined the Trump campaign as a senior national security advisor, the U.S. intelligence community released a statement…
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