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.
2,932 Articles
Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power
The publicly known facts about President Trump’s interactions with Ukraine constitute a prima facie case for impeachment based on abuse of presidential power.
Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction
The Trump administration now seems to be reverting to its previous strategy of total obstruction based on maximalist interpretations of executive authority.
Contesting the Legality of Internet Shutdowns
As government communications shutdowns become more frequent, legal challenges citing international human rights law and domestic constitutional protections are also on the rise.…
The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws
Top election law expert writes about "the absurdity of the Justice Department’s refusal to investigate."
The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate
Top election law expert, Paul S. Ryan of nonpartisan group Common Cause, explains the felonies that apply to allegations in Ukrainegate.
Condemned to Death Abroad: The Case of French ISIS Members in Iraq
Iraq reportedly intends to carry out the execution of seven French nationals who are currently charged with being members of the Islamic State. The Iraqi government has denied…
Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
Fear and Loathing on the Border: A First-Hand Look at the Travesty
Far from the loophole-ridden sieve described by the administration, the asylum system we saw was a Kafka-esque labyrinth designed to punish migrants who dare to exercise their…
Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next
Leading expert and author of a book on the subject, Jeffrey Kahn explains what happens now that a court declared a major terrorist watchlist unconstitutional.
Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist
Expert Backgrounder on the big questions coming out of the court's ruling. The case involved US citizens. How might the ruling affect foreign nationals? What were the judge's key…
What if a President Committed Genocide or Other Atrocity Crimes?
Ambassador David Scheffer writes: Whether or not the Justice Department opinions are correct about presidential immunity from indictment for ordinary crimes … Lawmakers should…
U.S. Sanctions Against Iran’s Foreign Minister and International Law
Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.