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
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…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
Gina Haspel, Torture, and the ProPublica Correction
ProPublica’s comprehensive correction to significant portions of its earlier reporting on Gina Haspel, President Donald Trump’s recent nominee for CIA Director, provided an…
Sessions’ Firing McCabe Violated His Promise to Recuse
Most focus on what the Attorney General said in his statement of recusal in March 2017. What has been overlooked is when Sessions promised the Senate, under oath, that he would…
The Unintended “Foreign Agents”
“Foreign agents” are suddenly in our midst – or so it seems. Paul Manafort was indicted, in part, for failing to register under the Foreign Agents Registration Act (FARA).…