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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3,366 Articles
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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.
Manhattan District Attorney Alvin Bragg speaks during a press conference to discuss his indictment of former President Donald Trump, outside the Manhattan Federal Court in New York, April 4, 2023. He stands behind a wooden lectern with the seal of office of the district attorney. He is dressed in a suit with a blue tie. Behind him is the American flag. To his side is a large chart with the title "People v. Donald J. Trump." The chart shows the basic elements of the theory of the criminal case for allegedly falsifying business records.

The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump

The strongest case involves statements to tax authorities falsely characterizing the payments to Michael Cohen as “legal fees.”
IMAGE (L to R): Former U.S. President Donald Trump arrives during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas (Photo by Brandon Bell/Getty Images); Former Trump Attorney Michael Cohen arrives at the district attorney's office to complete his testimony before a grand jury on March 15, 2023 in New York. (Photo by Yuki IWAMURA / AFP) (Photo by YUKI IWAMURA/AFP via Getty Images); David J. Pecker, CEO of Hachette Filipacchi Magazines, applauds during a press conference (Photo credit should read BOB STRONG/AFP via Getty Images); Adult film actress Stormy Daniels (Stephanie Clifford) speaks to the media as she exit the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City. (Photo by Drew Angerer/Getty Images) 

Detailed Timeline of Trump Hush Money-2016 Election Investigation

Part of Just Security’s work on accountability and election law. Originally published on March 29, 2023; updated version published on May 24, 2023. On April 4, 2023, Manhattan…
Image collage of Manhattan District Attorney Alvin Bragg (left) and former President Donald Trump (right)

The Question of Tax Fraud in Manhattan DA’s Case Against Former President Trump

Analysis of potential tax-related crimes in the Manhattan District Attorney's charges against former president Donald Trump.
Men from the Bulgarian Jewish community pray.

The Ambiguity of Evil and Good: A Tale of Holocaust Rescue and Deportation in Bulgaria

(Editor’s Note: This article is adapted from a keynote lecture the author delivered today at an international conference, “Persecution and Collaboration, Rescue and Survival:…
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