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

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,…

Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities
Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…

What Should the International Community Do to Address Impunity in Bangladesh?
On March 23, 2010, Bangladesh ratified the Rome Statute of the International Criminal Court (ICC), making it the first South Asian State to do so and the 111th State Party to the…

Talking Up a “Perjury Trap,” Trump’s Team Prepares a Defense for the President
Although President Trump confidently declared that he is willing to speak to special counsel Robert Mueller under oath, and is even “looking forward to it,” his principal lawyer…

Could Trump Have “Directed” Mueller’s Removal?
There’s a good deal of ambiguity in the Times’ new story about the President’s effort to “direct” the removal of Special Counsel Mueller last June. …