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

To Whom Should Comey Have Reported His Interactions with Trump?

When former FBI Director James Comey testifies on June 8, he can expect to get this question (especially from some Republican senators): If you thought President Donald Trump was…

How to Frame—and Not Misframe—Comey’s Testimony

We thought to offer a few thoughts in anticipation of James Comey’s testifying before the Senate Intelligence Committee on Thursday. 1. First it is important to remember that…

Campaign Finance Law: When “Collusion” Becomes a Crime: Part II

As a potential crime under the campaign finance laws, the Trump campaign collusion with the Russians is well documented. As I contended in a recent essay, there is substantial…

Did Trump Try to “Bribe” Comey?

As we head toward James Comey’s testimony before the Senate Intelligence Committee on Thursday, I thought it would be useful to remind readers about a recent Just Security essay…

Could Trump Have Obstructed Justice if a Grand Jury Hadn’t Convened Yet?

Helen Klein Murillo and Ben Wittes over at Lawfare have done a terrific deep dive into whether an FBI investigation constitutes a “pending proceeding” under the federal obstruction…

Defense Industry Campaign Contributions Threaten to Influence Senate Vote on Saudi Arms Deal

American democracy is shackled by the influence of money in politics. One of the arenas where the problem manifests itself most acutely is in Congress on questions of defense industry…

Could the White House Invoke Executive Privilege to Block Comey Testimony?

The White House confirmed Friday that it is reviewing whether to invoke executive privilege to prevent former FBI Director James Comey from testifying before the Senate Intelligence…
Jared Kushner

Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 26-June 2)

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…
Republican Presidential candidate Donald Trump speaks during a campaign appearance at the Mohegan Sun Arena in Wilkes-Barre, Pa on October 10, 2016.

Campaign Finance Law: When “Collusion” with a Foreign Government Becomes a Crime

Commentary on Russian intervention in the 2016 elections has included one confidently expressed and perhaps growing view: that there may be a scandal there, but no conceivable…

The 21st Century Public Square: Protecting Online Comments from Manipulation and Disruption

Americans are angry, with our governance and with each other. The political divide seems a great chasm. Citizens with divergent political views gravitate to different media sources,…
U.S. Vice President Mike Pence delivers the commencement address at graduation ceremonies at the U.S. Naval Academy May 26, 2017 in Annapolis, Maryland.

Pence’s Troubling Advice: Follow the Chain of Command “Without Exception”

After thinking about Vice President Mike Pence’s remarks last Friday at the United States Naval Academy’s commencement, I found one part of his speech particularly alarming:…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 19-26)

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…
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