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.
3,157 Articles
Nixon’s Long Shadow: Donald Trump’s Emerging Constitutional Defense Against Investigation–and Indictment
Former White House Counsel on why this next phase in Mueller investigation-litigation opens up special counsel's ability to indict sitting President.
Can the Presidency Trump a Special Counsel Subpoena?
The possibility that Special Counsel Robert Mueller might issue a subpoena to President Trump to compel him to testify before a federal grand jury has, understandably, provoked…
The DNC Lawsuit and First Amendment Sensitivities
The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…
What Mueller’s Questions to Trump Reveal About the Future of the Russia Investigation
Goodman and Whiting pull out the most important insights from Mueller's questions including what it indicates about Mueller's existing evidence on collusion, the legal jeopardy…
Gendering Counterterrorism: How to, and How Not to – Part I
After decades of marginalization, there has been a swift—meteoric, even—rise in governments recognizing the need to mainstream gender perspectives across efforts to fight terrorism.…
New Evidence of Obstruction of Justice in House Intelligence Committee Minority Report
Witnesses to James Comey's phone calls with the President, "veiled threats" by Mr. Trump against the FBI Director and Deputy Director, and more.
An Opportunity for National Security Transparency in the Trump Era
Hartig and Geltzer--who served in the National Security Council, Defense Department, and Justice Department--examine the benefits of transparency in national security policy, what…
The Politicization of Our Security Institutions
The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…
Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…
Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller
Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…
Why Being Named a “Subject” in Mueller’s Probe is Reason for Trump to Worry–Not Celebrate
Former federal prosecutor and head of Public Corruption Task Force in Connecticut breaks down the recent news that Mueller reportedly told President Trump that he's currently a…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…