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.

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2,864 Articles
A radioactive warning sign hangs on fencing around the Anfield's Shootaring Canyon Uranium Mill on October 27, 2017 outside Ticaboo, Utah.

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…
Retired Lt. Gen. Michael T. Flynn at Trump Tower on December 5, 2016 in New York City.

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…
Committee Chairman Rep. Bob Goodlatte (R-VA) and ranking member Rep. John Conyers (D-MI) participate in a markup hearing before the House Judiciary Committee March 29, 2017 on Capitol Hill in Washington, DC.

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…
Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

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…
U.S. Attorney General Jeff Sessions testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill October 18, 2017 in Washington, DC.

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.…

Guantanamo: Donald Trump’s Opportunity

The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…

Why the First Amendment Constrains Trump’s Use of Twitter

President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last.  Indeed, government officials around…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The ICC's flag, a white set of scales against a light blue background is shown.

An ICC Investigation of the U.S. in Afghanistan: What does it Mean?

The Prosecutor of the International Criminal Court (ICC) announced today that she will file a request with the judges of the Court to open an investigation in Afghanistan, including…
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