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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2,855 Articles
Nati Rom, the founder of Israel's Lev Haolam organization which is active against the Palestnian-led boycott movement, walks next to an Airbnb apartment located in the Esh Kodesh outpost near the Jewish settlemtn of Shilo in the occupied West Bank on November 20, 2018.

Airbnb’s Listings in Disputed Territories: A Tortured Compromise

Under the terms of two recent court settlements, Airbnb will continue to offer rentals in Israeli settlements in occupied Palestinian territories. That reversal raises potentially…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) and fellow Democratic members of the committee (L-R) Rep. Eric Swalwell (D-CA), Rep. Val Butler Demings (D-FL), Rep. Joe Neguse (D-CO) and Rep. Shelia Jackson Lee (D-TX) hold a news conference about this week's testimony of former special counsel Robert Mueller July 26, 2019 in Washington, DC.

How Congress Can Access the Legal Powers of Impeachment Without a Formal Inquiry

"It is safe to say the House is already well within the zone of its impeachment powers and may exercise the necessary and proper authorities that come with that power to investigate…
People walk on a sidewalk on the U.S. side of the U.S.-Mexico border barrier on January 25, 2019 in San Diego, California.

Democratic Debates Round 2: Time to Ask About America’s Courts

When the Democratic U.S. presidential candidates face off in Detroit for their second debates July 30-31, they or the moderators should raise what will be one of the most pressing…
Former Special Counsel Robert Mueller arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, July 24, 2019 in Washington.

Mueller Moments You Might Have Missed

You might not have caught all of these more substantive, significant, and revealing moments on Wednesday, but they were there, tucked away in between the many times Special Counsel…
Facebook is displayed on a laptop screen.

EU Court of Justice Grapples with U.S. Surveillance in Schrems II

Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
Former Special Counsel Robert Mueller is sworn in for his testimony before the House Select Committee on Intelligence hearing on Capitol Hill in Washington, DC, July 24, 2019.

Top Law and Intelligence Experts’ Views on Mueller Hearings

To help make sense of the day’s hearings, we turned to Just Security’s editors and contributors for their thoughts. 
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Unsealed Documents in Special Counsel Mueller’s Investigation [Updated]

Special Counsel Robert Mueller has prosecuted the Russia investigation by bringing charges against a number of former Trump campaign officials and their associates, and against…
FBI Director Robert Mueller III testifies before the Senate Judiciary Committee during a oversight hearing on Capitol Hill December 14, 2011 in Washington, DC.

Mueller Hearing Risks Narrowing the Range of Impeachable Offenses

The congressional hearings will likely overlook the larger set of impeachable offences even though Mueller's report itself provides significant evidence of them.

35 Questions for Congress to Ask Robert Mueller (+ Questions from Readers)

Former FBI (Rangappa), Justice Department and NSC (Geltzer), and Pentagon (Goodman) officials team up to suggest questions for Mueller.
Just Security

House Should Prepare Criminal Referral of A.G. Barr for Lying to Congress

Mueller’s testimony puts not only the President’s job and criminal liability on the line. Attorney General Barr is in jeopardy too.
President Donald Trump puts his hand on the shoulder of Sen. Jeff Sessions after introducing him before Sessions's swearing in ceremony in the Oval Office of the White House February 9, 2017 in Washington, DC. U.S. Vice President Mike Pence stands behind Trump.

Presidential Abuse of Power Should Be Focus of Mueller Questioning

Instead of focusing on criminal conduct, the House must consider whether as president, Donald Trump abused his power or violated his oath of office.
The US Supreme Court in Washington, DC, on January 22, 2019.

The National Security Delegation Conundrum

The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
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