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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3,474 Articles

Timeline: Trump’s Acts of Accommodation/Engagement with Russia

"Some may view certain steps as acts of rapprochement aimed at a more cooperative relationship with Russia to fight common enemies and avoid dangerous escalation. Other observers…

A Path to Prosecuting President Trump

Justice Department regulations allow Special Counsel Robert Mueller, in “extraordinary circumstances,” to ask Deputy Attorney General Rod Rosenstein to approve a departure…

If Trump Revoked Critics’ Security Clearances, Could They Sue?

There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.

The Real Target of Trump’s Security Clearance Threats

I can’t believe I’m writing a column in defense of former Director of National Intelligence (DNI) James Clapper, former CIA Director John Brennan, and former National Security…

Setting the Record Straight: The Pardon Power is Part of the Rule of Law

Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…

Helsinki Summit: A Time for Choosing—Three observations by former senior CIA officer

"This is a time of choosing. Government officials, senior and junior alike, take an oath to uphold the Constitution and the laws of the United States, not to obey any single President.…

Poland: Failing at Both Law and Justice

Poland’s justice system is in “disarray” for the second time in just over two years as a result of the policies of the country’s Law and Justice-led government. The history…

The Trump-Bolton Misdirection on Russian Extradition: Plenty of Legal Options Exist to Gain Custody of Russian Suspects

John Bolton is wrong. Extradition and other legal options are potentially available to gain custody of indicted Russian hackers. "In their Helsinki meeting, President Trump can—and…

Six Big Takeaways from Mueller’s Indictment of Russian Intel Officers

One of the biggest takeaways from Mueller's indictment? WikiLeaks appears to have been deeply involved in a Russian intelligence operation.

President Trump’s Stain on Brett Kavanaugh and How to Remove It

A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
Judge Brett Kavanaugh listens to Sen. Rob Portman (R-OH) (not shown) talk about Kavanaugh's qualifications before a meeting in the Russell Senate Office Building on Capitol Hill July 11, 2018 in Washington, DC. Pictures and small statues stand on a fireplace mantle behind him.

What Judge Kavanaugh’s “Originalism” Means for the Country

"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
Judge Brett Kavanaugh shakes hands with Sen. Rob Portman (R-OH) before a meeting in the Russell Senate Office Building on Capitol Hill July 11, 2018 in Washington, DC. Media personnel stand around with microphones.

Setting the Record Straight: Brett Kavanaugh’s Views on Criminal Investigation of the President

An important dimension of the Senate’s consideration of Judge Brett Kavanaugh’s nomination for the Supreme Court involves the judge’s views of a president’s immunities…
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