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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Roger Stone on Fox News with Tucker Carlson

How Did Roger Stone Know What the President Told Mueller?

"There’s a likely simple—and non-nefarious—answer to a question circulating on Twitter and cable news shows. There’s also an indication of legal trouble for President Donald…
Roger Stone, a former advisor to President Donald Trump, leaves the Fort Lauderdale Federal Courthouse on January 25, 2019 in Fort Lauderdale, Florida.

Roger Stone Indictment Implicates Trump Campaign in Election Law Violations

"The details of Stone’s allegedly illegal activities laid out in the indictment implicate the Trump campaign, and perhaps President Trump himself, in illegally soliciting a campaign…
Roger Stone, a former advisor to President Donald Trump, exits the Federal Courthouse on January 25, 2019 in Fort Lauderdale, Florida.

The Withering of the Giuliani Defense of “No Crime of Collusion” in Wake of Roger Stone’s Indictment

Former White House Counsel Bob Bauer on the trajectory of the Russia investigation in light of Stone's indictment.
The International Criminal Court on January 18, 2019.

The Hidden Danger of User-Generated Evidence for International Criminal Justice

In the summer of 2017, judges at the International Criminal Court (ICC) took a remarkable step. For the first time, they issued an arrest warrant based primarily on video footage…
Supreme Court Building

What Now for the Mattis Transgender Policy?

As I predicted here a couple of weeks ago, the Supreme Court today unanimously denied the government’s petitions for certiorari before judgment in the “transgender…

Why It May Not Matter If BuzzFeed Got It Wrong: “Encouraging” Perjury is Also a Crime

"If President Trump encouraged, rather than directed, Cohen to lie to Congress, the President would still be guilty of a federal crime involving an obstruction of justice."
Trump boards Marine One, a helicopter, departing from the White House on November 3rd 2017.

Why Trump’s Directing Cohen, Others to Lie Would Be Far Worse Than Watergate

The threats to U.S. national security make these alleged acts of suborning perjury, false statements, and obstruction of justice much worse than Watergate.
A man holding a portrait of ousted Ivorian President Laurent Gbagbo, flashes the Victory sign on April 30, 2015 in Mama.

The ICC Acquittal of Gbagbo: What Next for Crimes against Humanity?

The International Criminal Court dismissed another case this week, ordering the release of two more defendants accused of serious international crimes. The Court's recent record…
Guatemalan President Jimmy Morales (C), flanked by Vice-President Jafeth Cabrera (R) and his cabinet, gives a statement at the Culture Palace in Guatemala City on January 7, 2019.

U.S. Congress Should Stop Security Assistance to Guatemala Until Rule of Law is Restored

As a former Appeal’s Court judge in Guatemala, I am deeply concerned about the rapidly escalating constitutional crisis that threatens recent progress to establish the rule of…
The General Commander of Military Forces of Colombia Freddy Padilla and Colombian Army chief General Mario Montoya (R) speak during the Army's day celebrations on August 7, 2008 in Bogota.

For Enduring Peace, Colombia Must Protect Advocates for Rights and Prosecute War Crimes

The coming year will be critical for efforts to secure an end to the armed conflict that has gripped Colombia for the last five decades. Human rights advocates working to address…
Attorney General nominee William Barr (C) arrives for a meeting with Senate Judiciary Committee member Sen. Lindsay Graham (R-SC) in his office in the Russell Senate Office Building on Capitol Hill January 09, 2019 in Washington, DC.

Attorney General Nominee Barr on Transparency: A Direct Answer? Or Misdirection?

In his written opening statement for his confirmation hearing as attorney general, William Barr says his goal is "to provide as much transparency as I can consistent with the law."…
A military officer walks from the entrance to Camp VI on June 25, 2013 in Guantanamo Bay, Cuba.

The Status of Guantanamo 17 Years In

Seventeen years ago today, the United States brought twenty Afghan men, alleged to be members of the Taliban or al-Qaeda, to its Naval Base at Guantanamo Bay, Cuba. Images of the…
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