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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3,157 Articles

The Collateral Costs of a Logan Act Prosecution

Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.”  The document indicates…

Hayden, NSA, and the Road to 9/11

Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a leading critic of the Trump administration,…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Nov. 2017)

Editor’s Note: 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…
President Donald Trump speaks on the phone with Australian Prime Minister Malcolm Turnbull in the Oval Office of the White House, January 28, 2017 in Washington, DC. National Security Advisor Michael Flynn and White House Chief Strategist Steve Bannon also sit around the desk.

Why Trump’s Lawyer is Dead Wrong on Obstruction of Justice

President Donald Trump’s personal lawyer, John Dowd, now claims that the president “cannot obstruct justice because he is the chief law enforcement officer” under Article…

What Questions Does Flynn’s Plea Agreement Raise?

Michael Flynn’s plea agreement, announced Friday, brought with it new documents, new details, and so many new questions. The really big ones stem from the statement of offense,…
Michael Flynn, former national security advisor to President Donald Trump, leaves following his plea hearing at the Prettyman Federal Courthouse December 1, 2017 in Washington, DC.

Special Edition Just Security Podcast: Mike Flynn’s Plea Deal

I sat down with former White House lawyer Andy Wright to have a quick conversation about today’s news that President Donald Trump’s former National Security Advisor…

What Does Flynn Plea Deal Mean?

Special Counsel Robert Mueller announced this morning that a plea hearing for retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, would…
A FBI Agent and FBI Analyst sit a desk with computers and look at an open case with tools during a basic field training course.

Warrantless Backdoor Searches are Not “Business as Usual”

This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…
Don McGahn, general counsel for the Trump transition team, gets into an elevator in the lobby at Trump Tower, November 15, 2016 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 25-Dec. 1)

Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…
Erik Prince, chairman of the Prince Group, LLC and Blackwater USA, is sworn in during a House Oversight and Government Reform Committee hearing on Capitol Hill October 2, 2007 in Washington DC.

When Erik Prince Called US Intelligence Assessment of Russian Election Hack “too cute and very, very thin”

Erik Prince, the founder of Blackwater, testifies on Thursday afternoon before the House Intelligence Committee in the Russia investigation. The committee will later release a…

The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications

Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
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Episode 47 of the National Security Law Podcast: Donuts and Depth Charges

And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
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