Recent Articles

Why the White House May Not Dare Fight on Executive Privilege
"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…

Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt
Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."

ICJ Orders Preliminary Relief in Myanmar Genocide Case
Only time will tell whether the provisional measures now issued are sufficient to prevent future genocide in Myanmar.

After Soleimani Strike, Iran-Backed Militias Threaten Iraq’s Stability: An Explainer
There is a real risk that Iran-backed militias are driving Iraq back towards conflict. And their power is greatly enhanced by their legal status as organs of the Iraqi state.

There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay
Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.

The Early Edition: January 28, 2020
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz
Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.

Executive Privilege Cannot Block Bolton’s Testimony
All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses
There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.

Impeachment Trial and Legal Ethics: Cipollone Should Be a Witness, Not a Trump Lawyer
Top legal ethics expert, Stephen Gillers, raises an issue hiding in plain site.

The Early Edition: January 27, 2020
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

Recap of Recent Articles on Just Security (Jan 20-24)
Our analysis on impeachment, plus Iran, Afghanistan, Israel-Palestine before the International Criminal Court, FISA reform, and more.