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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3,154 Articles
Right-wing white nationalists hold flags with signs like "white pride worldwide."

Four Takeaways From the Department of Justice Audit on Countering Domestic Terrorism

The Office of the Inspector General advises a department-wide strategy to bring together separate efforts from across all sections. 
A view of the U.S. Supreme Court, with a cloudy sky

Pending Supreme Court Case Complicates Special Counsel Smith’s Choices

Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
A "No Drone Zone" sign sits in the Zaryadye park, a short distance from the Kremlin, as it prohibits unmanned aerial vehicles (drones) flying over the area, in central Moscow on March 15, 2023. (Photo by NATALIA KOLESNIKOVA / AFP) (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Bad for the Goose, Bad for the Gander: Drone Attacks in Russia Underscore Broader Risks

Recent drone attacks in Russia highlight legal and policy risks that must be weighed carefully.
A red, white, and blue button that reads "Vote" is shown with an American flag behind it.

The Road to Fairer Congressional Districts Might Start with the States

The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.
Folder marked Classified with spy camera and thumb drive

Expert Backgrounder: Secret Evidence in Public Trials

How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…
Smoke rises up from behind buildings in Khartoum, Sudan.

Two Experts Debate the Path Forward on Sudan

EJ Hogendoorn and John Prendergast are two leading experts on the conflict in Sudan, but they have different views on the way forward. The dialogue below highlights their ideas…
The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Model Prosecution Memo for Trump Classified Documents

"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…
Committee chairman Sen. Bob Menendez (D-NJ) confers with ranking member Sen. James Risch (R-ID) during a Senate Foreign Relations Committee hearing on Capitol Hill March 10, 2022 in Washington, DC.

It’s Time to Fix Congress’ Classification Infrastructure

As Congress works to reassert its authority over United States war making, it should improve its infrastructure and policies for handling sensitive information.
People in suits stand behind an outdoor podium with signs reading "Stop CCP Influence" and "Army National Guard." Military vehicles and city skyline in background.

With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans

"These laws on their face may make superficial efforts to distinguish between persons of Chinese ancestry and the CCP, but they also equate all Chinese denizens with foreign agents,…
The columns and relief of the U.S. Treasury Department.

Treasury is Taking a More Proactive Approach to Bank De-risking

Following years of passivity, Treasury’s 2023 De-risking Strategy takes a turn in the right direction.
The U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702

A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
At least ten alleged members of the Oath Keepers in military fatigues are tagged in a photograph of a mob of people entering the Capitol on January 6th. The photo and tags identifying individuals are presented in an FBI Affidavit submitted by the Justice Department.

Stewart Rhodes Should Get No Leniency For Leading Anti-Government Paramilitary Group

The Oath Keepers' record of taking up arms against the government shows why Stewart Rhodes' request for leniency in sentencing should be roundly rejected.
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