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.
2,853 Articles
Why a Media Shield Law May Be a Sieve
[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act. Don’t miss Sophia’s…
The Solicitor General Should Correct the Record in Clapper
In yesterday’s New York Times, Charlie Savage confirmed something we’ve suspected for some time—that until very recently the Justice Department was failing to provide statutorily…
We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…
The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process
Now that Abu Anas al-Liby has been brought to the U.S. and may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…
The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”
On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…
ICC Case Against Spy Chief Senussi Deemed Inadmissible
An important and long-awaited ruling came down from Pre-Trial Chamber I of the International Criminal Court on Friday. In it, PTC I ruled that the case against Abdullah Al-Senussi—Libya’s…
Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
Kenya, with African Union Backing, to Seek Again Deferral of the Cases Before the ICC?
In other ICC news…. It is being reported that a diplomatic deal is being struck to seek the postponement of the Kenyan cases through the Security Council. This follows on the…
The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
The Case of Abu Anas al-Libi: International Law Q & A
On Saturday, October 5, 2013, the US captured terrorist suspect Nazih Abdul-Hamed al-Ruqai (Abu Anas al-Libi) in Tripoli, Libya, and, reportedly, is now interrogating him on a…
Government Shutdown Postpones Declassification Review of FISC Opinion
Today, the FISC granted the government’s motion to delay a declassification review of prior FISC opinions regarding the legality of Section 215 of the Patriot Act. Contrary…