Courts & Litigation

Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.

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2,854 Articles
Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC.

An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone

More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
Arrest poster of Felicien Kabuga. Reads, "Felicien Kabuga Arrested: 16/05/2020"

And Then There Were Seven: Rwandan Félicien Kabuga Arrested in France

The case illustrates the long arm of justice, via international tribunals created in the 1990s after the genocides in Rwanda and the former Yugoslavia.
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC.

Why the Flynn Dismissal Deserves a Hard Look by the Court

The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Chief Justice of the US John Roberts and Patrick Strawbridge, an attorney for US President Donald Trump, speak via an audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG.

Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information

A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict

In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…
flags of Department of Justice and USA

DC Needs a New U.S. Attorney

Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.
International Criminal Court Prosecutor Fatou Bensouda delivers her semi-annual briefing on recent developments concerning cases in Libya via a virtual meeting.

National Security at the United Nations This Week (May 1-8)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
3D rendering of people icons and threads connecting them.

The Republic of Facebook

This board, for content moderation, may be part of the answer to problems of online speech and censorship. But U.N. Special Rapporteur David Kaye explains that it is only one part.
Protesters demonstrate against Facebook policies in Algeria in front of Facebook's headquarters in Paris on November 14, 2019.

The Facebook Oversight Board: An Experiment in Self-Regulation

It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.
Trump answers questions from the media during the daily briefing on the novel coronavirus, COVID-19, in the Brady Briefing Room of the White House in Washington, DC on April 21, 2020.

From “Enemy of the People” to “Essential”: The Pandemic Creates an Opening for the Press

World Press Freedom Day is a reminder that we need to emerge from this crisis ready to reimagine how to support news media as critical infrastructure.
Residents obtain water from a natural source from the hill El Avila after the water supply was suspended following a nationwide blackout occurred March 10, 2019 in Caracas, Venezuela.

How to Hold Venezuela’s Maduro Accountable for Human Rights Abuses

The Trump administration's focus on the regime’s corruption, manipulation of the election process, and narco-terrorism omits other egregious violations.
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