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
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.

Congress Must Do More to Safeguard Mueller than Simply Protecting His Job

Matt Whitaker (or his successor) can do damage to Russia probe in more ways than just firing Mueller, and that's why new legislation is needed to protect the investigation.

Whitaker’s Unofficial Role as Adviser to Trump Campaign is a Clear Red Line

Whitaker served as a "sounding board" for the national co-chairman of the Trump campaign, and continued to have regular private communications with this important grand jury witness.
Senate Judiciary Committee member Sen. Orrin Hatch (R-UT), Chairman Charles Grassley (R-IA) and ranking member Sen. Dianne Feinstein (D-CA) participate in an executive business meeting to debate and vote on Supreme Court nominee Judge Neil Gorsuch's nomination out of committee and on to a vote by the full Senate in the Hart Senate Office Building on Capitol Hill April 3, 2017 in Washington, DC.

Whistleblowers: The New “Insider Threat”

Thanks to information recently released by the Senate Judiciary Committee, we now have fresh, incontrovertible evidence that elements of the Intelligence Community (IC) have monitored…

Sisi’s World Youth Forum Celebrations in South Sinai Do Not Reflect the Reality in North Sinai

While the government of Egyptian President Abdel Fattah el-Sisi celebrated the World Youth Forum in Sharm el Sheikh earlier this month, people in North Sinai are living in fear…

The Constitutional Challenge to Mueller’s Appointment (Part VI): Oral Argument and Supplemental Briefing Order [UPDATED]

On Thursday, I attended the oral argument in Miller v. United States, No. 18-3052, a case challenging the constitutionality of Robert Mueller’s appointment to serve as “Special…

The Already-Strong Campaign Finance Case Against Donald Trump Just Got Stronger—Criminal offenses included

Friday's blockbuster Wall Street Journal report provides significant evidence of criminal wrongdoing by Donald Trump—top election law experts explains why.
Rep. Adam Schiff (D-CA), Ranking Member on the House Intelligence Committee, speaks with reporters on Capitol Hill on February 15, 2018 in Washington, DC.

Russia Investigation Leads Back in Play under Democrats

Following the Democratic takeover of the House in January, Rep. Adam Schiff (D-Calif.) is expected to chair the House intelligence committee. His leadership will come after a spectacle…

Top Legal Ethics Expert (Stephen Gillers) Writes: Whitaker Should Be Recused

Top ethics expert clears up some fuzzy thinking about how legal ethics and issues of recusal apply to Acting Attorney General Matt Whitaker and the Russia investigation.

A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing Mueller—and Only “Norms” Could Stop Him

Matt Whitaker could try to kill off Russia investigations long before American public becomes aware of what he's done. Here's how and here's what's (not) stopping him.

A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation

Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.”  The President promptly tweeted:  “We are pleased to announce…

Don’t Be Fooled: There Was Election Interference in 2018

It’s misguided to suggest this campaign season and ultimately this election were free from election interference.

Update: The Military, the Mexican Border and Posse Comitatus

Unlike the earlier deployment of National Guard personnel, the use of federal forces raises new issues concerning what they are permitted to do.
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