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.
3,333 Articles

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)
Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…

Major Takeaways from the Papadopoulos Bombshell
For months, it was well known that Paul Manafort, President Donald Trump’s former campaign chairman (who has longstanding ties to the Trump world), was in serious legal trouble.…

What Manafort’s Indictment May Tell Us About Russian Election Meddling
Make no mistake. Paul Manafort’s arrest is very likely directly tied to Russian intelligence operations. Even a quick look at his indictment shows this. In Ukraine, Manafort…

A Timeline of Paul Manafort’s Relationship with the Trump World
Now that Special Counsel Robert Mueller has indicted Paul Manafort, the former chairman of President Donald Trump’s presidential campaign, the White House has already begun to…

Two Former Federal Prosecutors Analyze Manafort Indictment: Just Security’s Mariotti and Whiting
On Monday, special counsel Robert Mueller indicted former Trump campaign chairman Paul Manafort and his associate Rick Gates, Jr. (word-searchable full text). The indictment involves…

Trump Should Release His New Lethal Force Policy
In an important new development, President Donald Trump has reportedly signed new rules for when lethal force can be used against suspected terrorists outside of active war zones.…

The Guantánamo Ethics Mess
The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…

Mueller Has Authority to Name President Trump as an “Unindicted Coconspirator”
Imagine if Special Counsel Robert Mueller finds sufficient evidence to charge President Donald Trump, but his hands are tied because he or the Department of Justice concludes that…
Recap of Recent Pieces on Just Security (Oct. 21-27)
Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?
I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…