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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3,153 Articles

An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump

Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…
White supremacists attack counter protestors in Charlottesville, Virginia during their "Unite the Right" rally on August 12, 2017.

A Post-Charlottesville Reading List

 Top image: A man makes a slashing motion across his throat toward counter-protesters as he marches with neo-Nazis and other rascist groups during the ‘Unite the Right’…

Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works

With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…

How Mueller Can Make the Grand Jury Report Public or Hand it to Congress

With news that Special Counsel Robert Mueller has begun using grand juries to conduct his investigation, there are now questions about where it might all lead. Of course, it might…

Don’t Expect Indictments Soon in Russia Probe: When Counterintelligence and Prosecutorial Interests Meet

The recent news of a July FBI raid on the home of former Trump campaign manager Paul Manafort has raised expectations in some circles that special counsel Robert Mueller’s investigation…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (August 4-August 11)

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…

FBI Search of Paul Manafort’s Home: What Does It Really Mean?

On Wednesday news broke that at the end of last month, FBI agents searched one of Paul Manafort’s homes for documents as part of the Russia collusion investigation, directed…

Lots at Stake Whether Trump is Immune from Prosecution–even if Mueller doesn’t indict

There are more reasons than you might think why it’s important to resolve the “constitutional puzzle” concerning whether a sitting president can be criminally prosecuted.…

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

On Thursday, two bipartisan groups of senators introduced legislation to afford Special Counsel Robert S. Mueller III greater protection against removal.  Senators Thom Tillis…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (July 28-August 4)

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…

The Resignation of George Selim and the Implications for CVE in the U.S.

George Selim, the first head of the countering violent extremism (CVE) office at the Department of Homeland Security (DHS) and of the federal CVE task force, resigned July 28.…
A close-up of Trump’s hands as he signs an executive order.

The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached

[This article was first published on Aug. 3, 2017 at 9:55am ET and updated on Aug. 4, 2017 at 7:10am ET] Just yesterday, an unhappy President Donald Trump signed H.R. 3364, America’s…
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