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

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.…

House Intel Committee Findings Contradict Kushner’s Testimony

An overlooked nugget in the the House Intelligence Committee's final findings. The Committee says Jared Kushner expected to get derogatory information on Clinton from Russian sources…

Zero Shades of Grey: Russian-Ops Violate International Law

A lot more is known since January 2017 when I wrote a piece for Just Security arguing that the Russian interference in the 2016 U.S. election should be interpreted as a violation…

Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute

According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…

Cambridge Analytica and Its Foreign National Staff Violated U.S. Laws

The nonpartisan group Common Cause has filed complaints against Cambridge Analytica before the Federal Election Commission and the Justice Department for allegedly unlawful involvement…

It’s Not a Filter Bubble. It’s a Filter Shroud

The filter bubble is floating in hot water these days. “Your filter bubble is destroying democracy,” Wired tells us. Bill Gates says filter bubbles are “super important”…
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