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
The Trial of Paul Manafort: What to Expect
The trial of former Trump campaign director Paul Manafort is scheduled to begin today in Virginia before Judge T.S. Ellis. Manafort is facing myriad charges, including tax fraud,…
Reports: Carter Page Was Subject to FISA Warrant in 2013/2014
I have always recalled a nugget buried deep in a CNN report published in Aug. 4, 2017. The 61st paragraph of the report reads: "Page had been the subject of a secret intelligence…
A Path to Prosecuting President Trump
Justice Department regulations allow Special Counsel Robert Mueller, in “extraordinary circumstances,” to ask Deputy Attorney General Rod Rosenstein to approve a departure…
The Latest ISIS Casualty? UK’s Principled Opposition to the Death Penalty
Like a dripping corrosive liquid, ISIS and the response it provokes from governments are slowly eating away at key human rights principles. Driven by a desire to appear tough on…
If Trump Revoked Critics’ Security Clearances, Could They Sue?
There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.
Trump’s Order on Administrative Law Judges: Perhaps Insidious, Probably Harmless
A career civil service insulated from partisan retaliation has been a fixture of American government since the enactment of the Pendleton Act 135 years ago. Such a bureaucracy…
Setting the Record Straight: The Pardon Power is Part of the Rule of Law
Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…
When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii
What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…
“We Could Hold Them for 100 Years If the Conflict Lasts for 100 Years”
Last week, Justice Department lawyer Ronald Wiltsie told a federal district court in Washington, D.C. that the Trump administration is entitled to imprison detainees for 100 years…
Poland: Failing at Both Law and Justice
Poland’s justice system is in “disarray” for the second time in just over two years as a result of the policies of the country’s Law and Justice-led government. The history…
The Trump-Bolton Misdirection on Russian Extradition: Plenty of Legal Options Exist to Gain Custody of Russian Suspects
John Bolton is wrong. Extradition and other legal options are potentially available to gain custody of indicted Russian hackers. "In their Helsinki meeting, President Trump can—and…
Six Big Takeaways from Mueller’s Indictment of Russian Intel Officers
One of the biggest takeaways from Mueller's indictment? WikiLeaks appears to have been deeply involved in a Russian intelligence operation.