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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3,333 Articles

Let’s Leave “Crisis” and “Emergency” For the Real Thing

Samantha Vinograd, who served on President Barack Obama’s National Security Council and as deputy U.S. Treasury attaché to Iraq during the Bush Administration, has recently…

Episode 59 of the National Security Law Podcast: Share the Cookies

We don’t lack for topics this week!  In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal

A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…

Brand Loyalty

For the No. 3 lawyer at the Justice Department to quit after just nine months on the job is, to say the least, unusual. Under the Trump administration, where the downright bizarre…

If Trump Pleads the Fifth, Here Are Mueller’s Options

In the last several days, President Donald Trump’s lawyers have floated what appears to be a trial balloon, suggesting that despite Trump’s bold proclamation that he welcomed…

Why the White House “System” for Security Clearances is an Intelligence Emergency

Former Bush and Obama official explains what exactly the risks are in having so many White House officials serve under long-term interim security clearances. She looks at the downstream…

It is up to House Intel Committee, not Trump, whether to release Democratic memo on the Page FISA application

News stories and headlines are saying things like, "Trump Blocks Release of Memo Rebutting Republican Claims” (New York Times)--but that's not accurate. The House Intelligence…

What’s the Story Behind Flynn’s Plea Deal?

A look at the plea deal of retired Lt. Gen. Michael Flynn, the second in a series of posts on the central mysteries of the Trump-Russia investigation.

The Mysteries of the Trump-Russia Investigation: Known Unknowns

The first in a series of posts that examines the Mueller investigation’s central mysteries.
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.

The White House Latest Move to Undermine Congressional Authority

Lost in the back-and-forth over the Nunes memo, is a new effort to weaken Congressional oversight and misdirect Congress.

Dissecting the Grassley-Graham Letter’s Criticisms of the Carter Page FISA Application

In a recently released letter and accompanying memo, Senate Judiciary Committee Chairman Sen. Chuck Grassley (R- Iowa) and Sen. Lindsey Graham (R-S.C.) outline concerns that reinforce…

Trump’s Four-Pronged War on the Administrative State

Among the many things the first year of the Trump presidency has given us is a new genre of op-ed.  What might be called the resignation-confessional is headlined with some variation…
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