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
What Does it Mean that Mueller Got a Warrant to Obtain Facebook Data?
The Wall Street Journal and CNN recently reported that Facebook provided data about Russian advertising purchases made in the run-up to the 2016 election to Special Counsel Robert…
Episode 37 of the National Security Law Podcast: Enemy Combatants, Agents of Foreign Powers
In this week’s episode, Bobby Chesney and I explore three big national security law developments from the past few days. First is that the Foreign Intelligence Surveillance Court…
Libya’s Haftar and Liability of Superiors: Ordering Offenses v. Responsibility for Omissions
Further to Just Security’s coverage on Tuesday of the potential war crimes liability of U.S citizen/Libyan warlord General Khalifa Haftar, this article discusses the distinction…
How Facebook Could Crack the Trump-Russia Case
Facebook should be treated like a crime scene. The social media company likely has troves of data that could provide critical leads for the investigation into possible collusion…
We Need to Know More About Government Searches of Travelers’ Electronic Devices
Relying on directives from the George W. Bush administration, U.S. border patrol and immigration officers have been subjecting travelers crossing U.S. borders to intrusive searches…
Episode 36 of the National Security Law Podcast: NSA General Counsel Glenn Gerstell on Section 702
We have a special treat in this off-cycle episode! National Security Agency General Counsel Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against…
Q&A with Andy Wright on Flynn, Subpoenas and “Privileged Information”
CNN reported Tuesday that retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, has twice declined to comply with a subpoena to appear…
Letter to the Editor: How Steve Vladeck’s Response Makes My Case
With his usual zeal, my friend Steve Vladeck energetically defends his support for the D.C. Circuit court’s decision mandating Judge Scott Silliman’s recusal in the military…
We Know a Lot More About U.S. Spying Since Section 702’s Last Reauthorization
As Congress finally starts to debate whether to reauthorize Section 702 of the FISA Amendments Act before it expires at the end of this year, it’s important to remember that…
The States Can Trump Trump’s Pardons: State Prosecutions for Money Laundering, Hacking Conspiracy, Tax Fraud, and More
This article is cross-posted at Shugerblog. After President Donald Trump pardoned former Sheriff Joe Arpaio, observers feared that the president was just warming up his pardon…
Naming the President as an Unindicted Co-conspirator?
As Special Counsel Robert Mueller and his staff go about their work, the media is rife with “what-ifs.” Among them — what if, as the great weight of legal commentary…
President Trump’s Hostility to the News Media: Reckless driving or premeditated assault?
On Tuesday, the United Nations High Commissioner for Human Rights, Zeid Raad al-Hussein, held a press conference at his headquarters in Geneva, intending to focus on systematic…