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 Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria
Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…
Episode 59 of the National Security Law Podcast: Share the Cookies
We don’t lack for topics this week! In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
Brand Loyalty
For the No. 3 lawyer at the Justice Department to quit after just nine months on the job is, to say the least, unusual. Under the Trump administration, where the downright bizarre…
If Trump Pleads the Fifth, Here Are Mueller’s Options
In the last several days, President Donald Trump’s lawyers have floated what appears to be a trial balloon, suggesting that despite Trump’s bold proclamation that he welcomed…
What’s the Story Behind Flynn’s Plea Deal?
A look at the plea deal of retired Lt. Gen. Michael Flynn, the second in a series of posts on the central mysteries of the Trump-Russia investigation.
The Mysteries of the Trump-Russia Investigation: Known Unknowns
The first in a series of posts that examines the Mueller investigation’s central mysteries.
The White House Latest Move to Undermine Congressional Authority
Lost in the back-and-forth over the Nunes memo, is a new effort to weaken Congressional oversight and misdirect Congress.
New Bill Would Moot Microsoft Ireland Case — And Much More!
A bipartisan group of Senators today introduced the Clarifying Lawful Overseas Use of Data (CLOUD) Act—a bill that moots the pending Supreme Court Microsoft Ireland case and…
Debate, Dispute, Disagree—But Please Don’t Call for Arrest
No sooner had the Nunes Memo been released than the cries began. “Lock every single one of these bastards up,” tweeted former long-time Democratic Congressman John Dingell,…