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.
2,856 Articles
Why Being Named a “Subject” in Mueller’s Probe is Reason for Trump to Worry–Not Celebrate
Former federal prosecutor and head of Public Corruption Task Force in Connecticut breaks down the recent news that Mueller reportedly told President Trump that he's currently a…
Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part I)
This backgrounder covers the key issues of jurisdiction now that the Court is set to open an investigation that may cover alleged torture by US officials.
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Just Security’s Symposium on the ICC Afghanistan Probe and the US
Just Security is pleased to announce the launch of an online symposium dedicated to the International Criminal Court’s (ICC) probe in Afghanistan and its implications for the…
Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…
Just Security Podcast: The White House’s “Pardon Dangle” and Obstruction of Justice
News that White House lawyer John Dowd broached the possibility of pardoning Paul Manafort and Michael Flynn has prompted many experts to question whether Dowd could face charges.…
House Intel Committee Findings Contradict Kushner’s Testimony
An overlooked nugget in the the House Intelligence Committee's final findings. The Committee says Jared Kushner expected to get derogatory information on Clinton from Russian sources…
Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute
According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…
Cambridge Analytica and Its Foreign National Staff Violated U.S. Laws
The nonpartisan group Common Cause has filed complaints against Cambridge Analytica before the Federal Election Commission and the Justice Department for allegedly unlawful involvement…
Expert Q&A: The International Criminal Court’s Afghanistan Probe and the US
In November, the Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, sought authorization from a panel of ICC judges to open an investigation into war crimes…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…