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
When Five Supreme Court Justices Said a President Can Be Indicted
There are many reasons why it is important to know whether Donald Trump is immune from indictment and prosecution as a sitting president, even if special counsel Robert Mueller…
An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump
Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…
Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (August 4-August 11)
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…
Lots at Stake Whether Trump is Immune from Prosecution–even if Mueller doesn’t indict
There are more reasons than you might think why it’s important to resolve the “constitutional puzzle” concerning whether a sitting president can be criminally prosecuted.…
Trump’s New War on Leaks: Reporters Caught in the Crossfire?
At a press conference on August 4, Attorney General Jeff Sessions condemned “in the strongest possible terms the staggering number of leaks” of classified national security…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (July 28-August 4)
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…
The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached
[This article was first published on Aug. 3, 2017 at 9:55am ET and updated on Aug. 4, 2017 at 7:10am ET] Just yesterday, an unhappy President Donald Trump signed H.R. 3364, America’s…
The National Security Law Podcast: Military Commissions, Military Officers in the Cabinet, the Laws of War, and More
This week’s episode certainly has a military theme. Professors Chesney and Vladeck start off with a surprisingly (or is it disturbingly?) lengthy discussion of the writ…
Your Tweet is My Command
My friend Phil Carter has written an excellent piece for Slate, pointing out the institutional dangers of disregarding President Trump’s recent series of tweets that…
We Are Already in a State of Emergency
As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…
The President’s Pardons Paradox: Granting Them Could Aid the Prosecution
It emerged late last week that President Trump has reportedly queried his lawyers regarding the nature and scope of his authority to pardon individuals including himself. Over…