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
A child stands near two US army vehicles, which carry American flags. Nearby is a male American military officer.

How the FY23 NDAA Can Strengthen U.S. Efforts to Prevent and Respond to Civilian Harm (Part I)

Overhauling U.S. policies for preventing and responding to civilian harm will require sustained engagement from Congress.

Human Rights in the Crosshairs

"Some of the critiques of human rights have merit. … But some critiques go too far."
People demonstrate for the liberation of 13 convicted environmentalists with a banner depicting murdered Honduran environmental leader Berta Caceres as they arrive for a hearing in the country's capital, Tegucigalpa, on February 28, 2019. Thirteen environmental leaders of the Guapinol community, Tocoa municipality, Colon department, who oppose the mining exploitation of the Montana de Botaderos National Park by the company Inversiones Los Pinares, were arrested on charges of usurpation, burning, aggravated theft and illicit association. (Photo by ORLANDO SIERRA/AFP via Getty Images)

The US Must Help Fight the Criminalization of Activism in Central America, Not Make It Worse

Without safeguards, promoting private-sector investment to slow migration risks fueling a crisis for human rights defenders.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump

The Justice Department’s current investigation of criminal efforts to overturn the results of the 2020 presidential election apparently is taking two paths. One investigative…
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
People embrace near a memorial for the shooting victims outside of Tops grocery store on May 20, 2022 in Buffalo, New York. 18-year-old Payton Gendron was accused of the mass shooting that killed 10 people at the Tops grocery store on the east side of Buffalo on May 14th and was investigated as a hate crime.

Oversight Reports Raise Questions About Value of DHS Counterterrorism Efforts

Twenty years after DHS was cobbled together in the wake of 9/11, it’s time to seriously examine which of its programs really protect us.
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
Pile of stickers with text "I Voted" and US flag image

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

Trump and the Insurrection Act: The Legal Framework

University of Chicago Law Professor Al Alschuler writes that the evidence is sufficient to indict Trump under Insurrection Act, 18 U.S. Code § 2383.
CHARLOTTESVILLE, VA - JULY 08: Counter protestors are held back by riot police as the Ku Klux Klan leaves a staged rally on July 8, 2017 in Charlottesville, Virginia.

Five Years After “Unite the Right”: Reflections on Charlottesville for Today’s Threat Landscape

Charlottesville was a watershed moment in US politics and a wake-up call to the counterterrorism community. What lessons have been learned on how to counter white supremacist extremism?
The US Department of Homeland Security building

DHS IG Cuffari’s Actions Exhibit Clear Pattern: Unwillingness or Inability to Meet the Mission

President Biden may be tempted to let the inspector general community police their own, but that might tacitly approve inferior performance.
Former director of CIA and former commander of U.S. Forces in Afghanistan Gen. David Petraeus gives a speech in front of a federal courthouse. News microphones surround him.

Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation

In the retired general's case, the FBI executed a search warrant at his home and seized notebooks allegedly containing classified material.
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