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.
2,855 Articles
Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings
Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…
What’s Noticeably Missing from the Whitaker Nonrecusal Explanation
The Department of Justice issued a letter yesterday explaining why Matthew Whitaker has decided he won’t recuse from superintending the Russia Investigation overseen by Special…
Mueller’s Investigation May Be Coming to an End, But Congress Is Just Getting Started
On January 3, 2019, a new Congress will head to work with a monumental — but not unprecedented — job to tackle. Close observers of Special Counsel Robert Mueller’s investigation…
Not Mere “Process Crimes,” False Statements Prosecutions Are Serious
In case you haven’t noticed, Special Counsel Robert Mueller takes lying very seriously. And, as we witnessed during Michael Flynn’s dramatic sentencing hearing, apparently…
Protesters in Hungary Call Out Labor Rights – and Rule of Law
“All I want for Xmas is demokracia [democracy],” says one protest sign seen in Budapest, Hungary, over the past several days, as up to 15,000 people took to the streets. They…
Analysis of the Michael Flynn Sentencing Hearing Drama
On Tuesday, former national security advisor Michael Flynn appeared before Judge Emmett Sullivan for sentencing in the Russia investigation. Entering the hearing, Flynn walked…
Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .
Dueling Decisions at the Khmer Rouge Trials Could Mean a Suspect Avoids Justice
Hot-on-the-heels of a landmark trial judgment in Case 2/2, the Extraordinary Chambers in the Courts of Cambodia (ECCC) (also known as the Khmer Rouge Trials) in recent days issued…
The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights
The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…
Amid US Attacks, Time to Reinvigorate the ICC
At a time when “multilateralism” is a bad word, perhaps no institution is more scorned than the International Criminal Court (ICC), whose global ambitions, legal justifications…
All Evidence Points to Campaign Finance Crimes By President Trump
"The fact that we have in these documents ... all strongly suggest that Trump knew what the law forbade and violated it notwithstanding this knowledge. In other words, the DOJ…
Did Trump Organization Executives Cook the Books?–Tax Crimes Explained under Federal and State Law
Cohen sentencing points to likely falsification of corporate accounting and tax fraud. So which Trump Executives are liable?