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
Reports Suggest Comey’s Firing Could Be an Obstruction of Justice in Russia Investigation
If President Donald Trump orchestrated the decision to fire the Director of the FBI to subvert or undermine the integrity of investigations into the Trump campaign’s possible…
What is the Significance of Grand Jury Subpoenas in the Flynn Investigation?
CNN is reporting that a federal grand jury sitting in Alexandria, Virginia, has issued subpoenas in the last weeks seeking documents and records from associates of Michael Flynn…
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public…
Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful
Cross-posted on Take Care. In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…
Today’s ODNI and Section 702 News
Today, the Office of the Director of National Intelligence (ODNI) announced that it would stop some of the surveillance it conducts on the telecommunications backbone under authority…
U.S. Military Justice and “Operational Mishaps”: A Primer
As the tempo and intensity of United States military operations increases, the likelihood of operational mishaps increases as well. These mishaps – an anodyne term that cannot…
The ICJ Issues Provisional Measures Against Russia on Ukraine’s Racial Discrimination Claims
Russian media are reporting that the International Court of Justice (ICJ) “rejected” Ukraine’s request for provisional measures against the Russian Federation in the case…
Unconstitutional Motives: When US Policies Are Motivated Only in Part by Religious Discrimination
Few would dispute that government actions motivated wholly by religion violate the Constitution’s Establishment Clause. The question becomes more complicated if the motives are…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
A Microsoft Ireland Fix: Time to Act is Now!
It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…
How High Was the Bar for Getting a FISA Warrant to Monitor Carter Page?
During summer of the 2016 presidential campaign, the FBI obtained a warrant from a secret court, known as the Foreign Intelligence Surveillance Court, to monitor a Donald Trump…
Important New Bipartisan Bill To Advance Accountability for International Crimes in Syria
Following on the heels of last week’s chemical weapon attack in Syria, Senators Marco Rubio (R-FL), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Bob Corker (R-TN), Bob Menendez…