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

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 10-17)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…

Kushner’s Unsatisfactory Senate Document Production
The most incendiary part of a stinging letter from Senate Judiciary Committee leaders to Jared Kushner’s counsel, Abbe Lowell, is the committee’s disclosure that “other…

Turkey on Valentine’s Day: Did Trump Obstruct Investigation of Flynn as a Foreign Agent?
When President Donald Trump tried to stop the FBI investigation of his national security adviser, retired Lt. Gen. Michael Flynn, was Trump aware of Flynn’s meetings with Turkish…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

Sessions’ Recusal, the Clinton Foundation, and Uranium One
When Attorney General Jeff Sessions testifies before the House Judiciary Committee Tuesday, he will face questioning on the Uranium One deal. As Special Counsel Robert Mueller’s…

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 3-10)
Here is an exposition and presentation of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…

The ICC’s New Burundi Investigation: Where Is the Court Headed?
The International Criminal Court announced Thursday that on Oct. 25 the Pre-Trial Chamber of the Court authorized the Prosecutor to commence an investigation in Burundi for alleged…

The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…

What Took So Long: The Non-Indictment of Paul Manafort Over The Years
Last week, we learned that Paul Manafort, President Donald Trump’s campaign chairman, is under indictment for laundering millions of dollars worth of income to hide it from the…

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…

Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week? Yeesh. Well, we are back! In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…

Close Call Whether Sessions Committed Perjury in Denying Other Campaign Russian Contacts
It is not crystal clear whether Attorney General Jeff Sessions lied to Congress about his knowledge of other Trump campaign members’ contacts with Russians during the 2016 election.…