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
Hayden, NSA, and the Road to 9/11
Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a leading critic of the Trump administration,…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (Nov. 2017)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Why Trump’s Lawyer is Dead Wrong on Obstruction of Justice
President Donald Trump’s personal lawyer, John Dowd, now claims that the president “cannot obstruct justice because he is the chief law enforcement officer” under Article…
What Questions Does Flynn’s Plea Agreement Raise?
Michael Flynn’s plea agreement, announced Friday, brought with it new documents, new details, and so many new questions. The really big ones stem from the statement of offense,…
Special Edition Just Security Podcast: Mike Flynn’s Plea Deal
I sat down with former White House lawyer Andy Wright to have a quick conversation about today’s news that President Donald Trump’s former National Security Advisor…
What Does Flynn Plea Deal Mean?
Special Counsel Robert Mueller announced this morning that a plea hearing for retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, would…
Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…
Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 25-Dec. 1)
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 Renato…
DOJ Evades the Key Question in the Case of the Unnamed Citizen Detainee
On Thursday morning, in the ACLU Foundation v. Mattis case, Judge Tanya Chutkan ordered the government to inform the court by 5:00 p.m. whether the unnamed U.S. citizen detainee…
The Secret Ruling That Broke the Guantanamo Military Commissions
Sixteen years after Sept. 11, 2001, and 17 years after two suicide bombers killed 17 sailors aboard the USS Cole, the death penalty trials of the Guantanamo detainees accused of…
The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
Corporate Criminal Accountability for International Crimes
Above: Flickr/The International Criminal Court Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications…