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
Could Trump Have Obstructed Justice if a Grand Jury Hadn’t Convened Yet?
Helen Klein Murillo and Ben Wittes over at Lawfare have done a terrific deep dive into whether an FBI investigation constitutes a “pending proceeding” under the federal obstruction…
Could the White House Invoke Executive Privilege to Block Comey Testimony?
The White House confirmed Friday that it is reviewing whether to invoke executive privilege to prevent former FBI Director James Comey from testifying before the Senate Intelligence…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 26-June 2)
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…
Campaign Finance Law: When “Collusion” with a Foreign Government Becomes a Crime
Commentary on Russian intervention in the 2016 elections has included one confidently expressed and perhaps growing view: that there may be a scandal there, but no conceivable…
Pence’s Troubling Advice: Follow the Chain of Command “Without Exception”
After thinking about Vice President Mike Pence’s remarks last Friday at the United States Naval Academy’s commencement, I found one part of his speech particularly alarming:…
Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 19-26)
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…
Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?
The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena…
Politicians Keep Buying Kris Kobach’s Ideas Despite Track Record of Failure
Kris Kobach, the Secretary of State for Kansas and an anti-immigrant and vote-suppressing activist, has been angling for a job in the Trump administration since the election. But…
A Prosecutor’s View: The Evidence of Trump’s Obstruction is Now Compelling
There has been considerable discussion over the last week about whether President Donald Trump committed the crime of obstruction of justice when he fired James Comey as director…
Don’t Be So Quick to Call Those Disclosures “Legal”
Following multiple reports that President Trump disclosed highly classified information to Russian officials at a private meeting, various legal experts have asserted that Trump…
Norms Watch: Tracking the Erosion of Democratic Traditions (May 5-12)
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…