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.
3,333 Articles
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…
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…
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…
Flynn’s Work as Turkey’s Agent While a Transition Official: Judge Sullivan Was at Least Half Right
Michael Flynn may have been working as an unregistered agent of Turkey while serving the United States in an official capacity after all, depending simply on how you define his…
Analysis of the Michael Flynn Sentencing Hearing Drama
On Tuesday, former national security advisor Michael Flynn appeared before Judge Emmett Sullivan for sentencing in the Russia investigation. Entering the hearing, Flynn walked…
Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .
The Most Extraordinary Lesson of Two New Reports on Russian Disinformation: What They Reveal About White House Paralysis
"The very issuance of these reports and the novelty of what they still reveal serve as an indictment of the White House’s persistent inaction."