Recent Articles

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.

Hearsay and the Impeachment Trial
How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?

Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause
Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."