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.
2,864 Articles

The Smoking Gun for Donald Trump Jr. and the Trump Campaign Committee
On Saturday, the New York Times broke the news of a previously unreported Trump Tower meeting in June 2016 between a Kremlin-connected Russian lawyer and Donald Trump Jr., Trump…

Explainer: The Special Counsel Investigation
All eyes are on Robert Mueller. In May, Deputy Attorney General Rod Rosenstein appointed the former FBI Director as special counsel to oversee the Department of Justice’s Russia…

Not Just a Personal Problem for Trump Jr.–Now Trouble for the Trump Campaign and Trump Sr.
There is an impression developing in the current reporting that somehow Donald Trump Jr.’s emails and activities may be primarily a personal problem. But he was, of course, an…

Open Door to Moscow? New Facts in the Potential Criminal Case of Trump Campaign Coordination with Russia
The Trump campaign in 2016 was signaling to Russia that it would be happy to have the Putin regime’s help. President Trump, as a candidate, famously called for Russia’s assistance.…

Crossing the “t”s and Dotting the “i”s: Back to Square One in the Hawaii Entry Ban Dispute
In short, the Court of Appeals for the Ninth Circuit held that it did not have jurisdiction to consider an appeal of Judge Watson’s interlocutory order in which he concluded…

Most Americans Disagree With Trump Admin’s Enforcing Travel Ban Against Grandparents
One of the hotly contested questions in the Travel Ban litigation is the definition of “close family relationships.” The Supreme Court told the administration that it cannot…

The Supreme Court’s Decision to Hear Travel Ban Cases Does Not Bode Well for Civil Liberties
On June 26, the Supreme Court announced it would hear two cases challenging President Donald Trump’s Muslim Ban. The Court’s decision to hear these matters should surprise…

Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions? [UPDATED with Hawaii motion]
I just wanted to add a brief follow-up to the excellent posts by Leah Litman and by Ryan Goodman and Adam Cox on the absurdity of the Administration’s interpretation of the…

Trump Definition of “Family” Is in Contempt of Supreme Court Travel Ban Ruling
On Monday, the Supreme Court held that the administration must not enforce its Travel Ban Executive Order against foreign nationals who have “a credible claim” of a “close…

A Test Case for Guantánamo’s New Convening Authority
The latest Guantánamo military commission case to make headlines—the new charges against Encep Nurjamen (a.k.a. Hambali)—is shrouded in an unusual amount of secrecy. But when…

Unlocking the Mysteries of the Supreme Court’s Entry Ban Decision
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury…

Saif Gaddafi’s Release and the Challenge for International Criminal Justice
Six years after his capture during the Arab Spring uprising against his father Muammar Gaddafi, and despite pending charges in the International Criminal Court, Saif al Islam Gaddafi…