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.
2,864 Articles

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…

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…

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.

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…

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.
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.

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 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…

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees
The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…
Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe
The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…

Five Takeaways from Talking Feds’ Mueller Preview Panel
As we prepare for the upcoming congressional testimony of Special Counsel Robert Mueller, we thought it would be helpful to tune into the Talking Feds podcast, which taped a series…