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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3,157 Articles
Trump leaves the Manhattan Supreme Court where he serves on jury duty on August 17, 2015 in New York City. Reporters gather around him with cameras and microphones.

When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?

The Justice Department would be on strongest legal ground to indict former President Trump for MAL crimes in Washington, D.C., not Florida.
A Chinese military helicopter flies past Pingtan island, one of mainland China's closest points from Taiwan, in Fujian province on August 4, 2022, ahead of massive military drills off Taiwan following US House Speaker Nancy Pelosi's visit to the self-ruled island. The military drills were the largest-ever Chinese military exercises encircling Taiwan, in a show of force straddling vital international shipping lanes. The photo also shows an unidentified vessel that appears to be a cargo ship between the helicopter and the island. (Photo by HECTOR RETAMAL/AFP via Getty Images)

Strategic Ambiguity Isn’t Working to Deter China on Taiwan – It Will Invade Anyway. It’s Time to Commit

A game theorist with experience as a fighter pilot says the US should rally other countries to expand the commitment to the island’s defense.

A Crisis of Justice for Afghan Victims of War

Afghan citizens are denied justice at every level - from domestic impunity for Taliban crimes to international impunity for abuses by coalition forces. A clarion call from the…
The illustration depicts pages from the government's released version of the F.B.I. search warrant affidavit for former President Donald Trump's Mar-a-Lago estate. The pages contains black redactions that cover many portions of the affidavit. On the bottom right page, there is a signature by Judge Bruce E. Reinhart.

A Damage Assessment of Trump’s “Declassification Defense”

"It should be shocking to the American public and to jurors in a courtroom to hear such a line of defense to allegations of mishandling national defense information."
Taliban fighters, in the backs of trucks, hold weapons in a celebratory convoy on a road. The cars carry white Taliban flags with a black Shahada.

Terrorism Might Be the Least of Our Problems a Year After America’s Withdrawal from Afghanistan

Beyond counterterrorism, Afghanistan remains a key theater for great power competition and U.S. security interests.

Rebooting Bosnia’s Constitutional Reform Process

A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
On left, a portrait of U.S. District Judge Aileen M. Cannon of the Southern District of Florida, who is considering former President Donald Trump's request to appoint a special master to review documents recovered from his Mar-a-Lago estate. On right, a photo of a male police officer wearing sunglasses and police uniform, standing next to two vehicles on August 9, 2022, in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs

"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
US President Joe Biden addresses the Major Economies Forum on Energy and Climate from the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House, in Washington, DC on June 17, 2022. - Biden hosts the virtual summit of major economies.

The Biden Administration Should Begin its “War on Secrecy” by Releasing Key War Powers Reports

Providing a meaningful report to Congress - and the American public - on legal and policy frameworks governing the use of force and related national security operations is not…
Man in Saudi dress, a member of the Saudi delegation, stands in foreground, Jared Kushner in suit in background, picture of historical figure on wall, taken in the Oval Office of the White House.

Need for US Ethics Reform Is Far from History: Kushner-MBS Deal Reflects Broken System

Recommended reforms include a two-year post-employment ban preventing senior and very senior officials from working on behalf of foreign governments, plus exploring options for…

Whistleblower Documents Show Problems in Twitter’s Handling of ‘Election Integrity’

Insights into how Twitter appears unprepared to handle "election integrity" issues in U.S. and globally. Plus what happened with Jan. 6 and 2020 elections.

The Curious Case of Alvin Bragg — Reconsidering the DA’s Trump investigation

An expert analysis of how Manhattan' District Attorney Alvin Bragg may be playing a multi-level chess game in prosecution of Trump entities and associates.
Swat Police Officers Shooting With Firearm while crossing a red smoke wall

Abusive “Counterterrorism” Crackdowns Choke Independent Civil Society in the Middle East

Abusive counterterrorism practices—whether in Saudi Arabia, Israel, or elsewhere—threaten fundamental norms and undermine the rule of law.
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