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
Michael Cohen, personal lawyer for President-elect Donald Trump, gets into an elevator at Trump Tower, December 12, 2016 in New York City.

Norms Watch: Damage to Democracy and Rule of Law in December 2018

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…
People walk through Trump Tower on Fifth Avenue in Manhattan on August 24, 2018 in New York City.

Ruminations on RICO and Asset Forfeiture in the Trump Business Empire

Garrett Graff provided an excellent summary in Wired of the seventeen Trump-related investigations currently open. The settlement of fraud allegations against Trump University…
A woman stands at a memorial outside the Tree of Life synagogue after a shooting there left 11 people dead in the Squirrel Hill neighborhood of Pittsburgh on October 27.

The 116th Congress and Preventing Extremist Violence: Look North for Guidance

Democrats taking control of the U.S. House today with the start of the 116th Congress have a long and growing list of policy (as well as investigative) priorities. Included on…
The dome of the U.S. Capitol Buidling and the US flag.

Coming to Terms with the Impeachment Process: The Case for Starting a Formal Inquiry

A threshold question is whether even to start an inquiry and set the ground rules. The time for doing so is now, writes former White House Counsel Bob Bauer.

New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights

When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…
Supreme Court Building

Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings

Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…

What’s Noticeably Missing from the Whitaker Nonrecusal Explanation

The Department of Justice issued a letter yesterday explaining why Matthew Whitaker has decided he won’t recuse from superintending the Russia Investigation overseen by Special…
Former FBI Director Robert Mueller, special counsel on the Russian investigation, leaves following a meeting with members of the US Senate Judiciary Committee at the US Capitol in Washington, DC on June 21, 2017.

Mueller’s Investigation May Be Coming to an End, But Congress Is Just Getting Started

On January 3, 2019, a new Congress will head to work with a monumental — but not unprecedented — job to tackle. Close observers of Special Counsel Robert Mueller’s investigation…

A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation

"It’s not hard to summarize Barr’s views because they're so shockingly categorical and so extreme."

Not Mere “Process Crimes,” False Statements Prosecutions Are Serious

In case you haven’t noticed, Special Counsel Robert Mueller takes lying very seriously. And, as we witnessed during Michael Flynn’s dramatic sentencing hearing, apparently…

U.S. Air Strike Data from Afghanistan Takes Step Back in Transparency

The U.S. military has stopped publishing important information on its air war in Afghanistan, just two months after deciding to release it. In October, the U.S. began publishing…

Protesters in Hungary Call Out Labor Rights – and Rule of Law

“All I want for Xmas is demokracia [democracy],” says one protest sign seen in Budapest, Hungary, over the past several days, as up to 15,000 people took to the streets. They…
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