Preventing State Crimes Against Democracy

Abstract

This article analyzes U.S. vulnerabilities to state crimes against democracy (SCADs). SCADs are actions or inactions by government insiders intended to manipulate democratic processes and undermine popular sovereignty. Watergate and Iran–Contra are well‐known examples of SCADs involving top officials. SCADs in high office are difficult to detect and successfully prosecute because they are usually complex and compartmentalized; investigations are often compromised by conflicts of interests; and powerful norms discourage speculation about corruption in high office. However, liberal democracies can reduce their vulnerability to state political criminality by identifying vulnerabilities proactively and instituting policies for SCAD detection and prevention.