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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3,335 Articles

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…

The Military, the Mexican Border and Posse Comitatus:  Four Key Takeaways

The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
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.

Just Security Podcast: The White House’s “Pardon Dangle” and Obstruction of Justice

News that White House lawyer John Dowd broached the possibility of pardoning Paul Manafort and Michael Flynn has prompted many experts to question whether Dowd could face charges.…
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