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
Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case
When Congress reauthorized Section 702 of the Foreign Intelligence Surveillance Act (FISA) in January, it ratified the warrantless collection of potentially millions of Americans’…
Three Options for Prosecuting a President’s Offences—Plus a Wildcard
The President can be criminally prosecuted, but it’s far from clear when or how. Two paths are open to federal prosecutors and one for state Attorneys General.
Why Michael Cohen May End Up Cooperating Despite No Cooperation Deal
"No cooperation deal does not necessarily mean no cooperation."
Why I Signed the Former CIA Officials’ Letter on Clearances: In Defense of Rule of Law
"The President of the United States has been soundly rebuked by a bipartisan consensus of the national security establishment. The spark was John Brennan, but the flame spread.…
The Trials of White House Counsel Don McGahn
Over the weekend, Michael Schmidt and Maggie Haberman published a remarkable story in the New York Times chronicling White House Counsel Donald F. McGahn’s substantial cooperation…
Brennan’s Due Process Case Against the White House
In an unprecedented move, the White House announced that President Donald Trump was revoking the security clearance of John Brennan, the CIA director in the Obama administration.…
Reading Between the Lines: Is Gates Cooperating About More Than Manafort?
A revealing moment during the trial of Paul Manafort suggests that Rick Gates’ cooperation exceeds the scope of the case currently on trial and the other case against his former…
Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.
A Potential Recourse for Targets of White House Security Clearance Threats
The White House has recently stated that it is considering revoking the security clearances of several former high ranking public officials. In a July 23 press conference, White…
Legitimizing Foreign Mass Surveillance in the European Court of Human Rights
The European Court of Human Rights (ECtHR) is beginning to weigh in on a sweep of legislation passed, in recent years, that authorizes bulk interception of foreign communications…
Who Says Collusion is a Crime: The Justice Department
"Any discussion in this space should include an understanding that the U.S. Justice Department has set out explicitly that acts of collusion can amount to a federal crime, and…
Just Security Podcast: ACLU’s David Cole on Defending our Democratic Traditions
Roughly a year ago, I sat down with ACLU Legal Director and Just Security editorial board member David Cole to pick his brain about what our various independent government branches…