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
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…
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…