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
The Missing Justice Dep’t Memo on Whether a President Can Be Subpoenaed to Testify in a Criminal Case
A hot button issue in the Russian investigation is whether a sitting president can be subpoenaed to testify in a criminal proceeding. There's a critical Justice Department opinion…
Letter to the Editor: Much More Iceberg Below the Surface on Civilian Casualties
[Editor’s note: Ryan Goodman responds to Gabor Rona in a follow-on piece.] Ryan Goodman makes a compelling case that the United States undercounts its civilian casualties.…
The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…
Crime or Slime: Making Sense of Michael Cohen’s Shell Company
How do we know whether Michael Cohen's Essential Consultants was unlawful or just awful?
More Questions for Gina Haspel—The Record of False CIA Claims about Torture’s “Efficacy”
Recently Katherine Hawkins published a comprehensive set of questions that Gina Haspel, nominee to head the CIA, should be asked during her confirmation hearings (“What the…
Just Security Podcast: Alex Whiting on Mueller/Sekulow’s 49 Questions
This week, news organizations, led by the New York Times, revealed a list of 49 questions that, depending on which account you read, are what Special Counsel Mueller wants to ask…
What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?
A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…
Gendering Counterterrorism: How to, and How Not to – Part II
Earlier this week, we outlined the opportunities in integrating gender in counter-terrorism and preventing and countering violent extremism (P/CVE) across a number of areas —women…
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…