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
A Side-by-Side Comparison of Barr’s vs. Mueller’s Statements about Special Counsel Report
"Some of the differences involve near complete contradictions—in other words Mueller’s statement and Barr’s statements cannot both be true."
Assange May Have Committed a Crime, But the Espionage Act Is the Wrong Law to Prosecute
Is Wikileaks leader Julian Assange a journalist? If journalism is a profession, it is because, like other professions, it has standards and a code of ethics. As an example, a journalist…
No Oligarch Left Behind: Trump’s Title III Cuba Policy
After the Revolution, Cuba expropriated the property of U.S. nationals and Cubans, including those who (like my family) came to the United States. In May, the Trump administration…
Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against the French mega-bank can proceed.
The Malvinas as a Post-Bellum Case Study: From Decolonization to the Memory of the Departed
After the International Court of Justice's Chagos opinion, the right to self-determination remains contested. But Malvinas is also a model for post-bellum diplomacy. What does…
Post-9/11 Veterans Have Mixed Feelings About Trump’s War Crimes Pardons
In order to better understand how to think about this controversial decision, Iraq and Afghanistan Veterans of America (IAVA) conducted a flash poll this week, with over 1,600…
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code
"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…
When Is a “Literally True” Statement False and a Crime
"Reluctant witnesses, perhaps taking a cue from Attorney General William Barr’s April 9 testimony before a House committee, may think that so long as their testimony is literally…
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
Why the Fight for the Supreme Court Became So Ugly
In a new documentary, called “Supreme Revenge,” airing Tuesday night on PBS, FRONTLINE goes back decades to tell the story of how the Supreme Court confirmation process has…