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.
3,150 Articles
Reflections on What the Drone Memo Does and Doesn’t Say
There is already a lot of commentary on the OLC drone memo, and likely more to come. Here, I just want to highlight three key issues that should be part of the mix: #1: Issues…
DOJ OLC Targeted Killing Memo Released
This morning the 2nd Circuit published a redacted version of the long-sought Department of Justice OLC memo that authorized the killing of U.S. citizen, Anwar al-Awlaki. We’ve…
The Drone Memo Cometh
“Severe Clear,” a project by artist David Birkin. Skywriting appears over New York City in a celestial “Glomar” response. For more, see Birkin’s post here. In…
10 Years of Drone Strikes in Pakistan–but do you know whether it’s an “area of active hostilities”?
Today marks the ten-year anniversary of the first reported US drone strike in Pakistan (punctuated by another one today). Yet there is still official silence about a crucial…
Secrecy and Security: Guardian News vs. AB, CD
As summarised in an earlier post, last week the English Court of Appeal (Criminal Division) gave its decision in Guardian News and Media Ltd v AB and CD (“the Decision”). As…
British Appeals Court Denies Government’s Request to Hold Terrorism Trial in Secret
File this one away in the “what were they thinking” category. Today, the Guardian reports that a British appeals court has blocked an attempt by UK prosecutors to…
Is Edward Snowden Engaged in Civil Disobedience? —A Response to Glennon
In his recent post, “Is Snowden Obliged to Accept Punishment?,” Michael Glennon takes on Edward Snowden’s critics who argue that the former contractor’s unwillingness to…
Is Snowden Obliged to Accept Punishment?
This is Secretary of State John Kerry’s answer, given May 28 on CBS This Morning: “He should man up, come back to the United States. If he has a complaint about what’s…
A(nother) Procedural Roadblock for Drone Casualty Reporting Requirements
Yesterday, efforts to bring greater transparency to the U.S. drone program hit a(nother) legislative procedural roadblock, as the House Rules Committee voted to not include an…
Lavabit’s Owner Goes Public: His Legal Ordeal Makes For Bad Law
I’ve written several times here about the Department of Justice’s efforts to force secure email provider Lavabit to turn over its encryption keys. The DOJ wanted transactional…
Secret Courts and the Policy of “Neither Confirm Nor Deny”
On May 2, the English Court of Appeal gave judgment in (1) Mohamed Ahmed Mohamed (2) CF v Secretary of State for the Home Department. The case is the latest development in the…
Why Civil Libertarians and Drone Critics Should Support David Barron
Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…