Recent Articles
When Five Supreme Court Justices Said a President Can Be Indicted
There are many reasons why it is important to know whether Donald Trump is immune from indictment and prosecution as a sitting president, even if special counsel Robert Mueller…
An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump
Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…
A Post-Charlottesville Reading List
Top image: A man makes a slashing motion across his throat toward counter-protesters as he marches with neo-Nazis and other rascist groups during the ‘Unite the Right’…
The Test Case for Presidential War Power: North Korea and Trump
My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States…
Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…
Do Federal Courts Lack the Power To Directly Enjoin the President?
That’s the argument the Justice Department is making in Knight First Amendment Institute v. Trump — the lawsuit in New York challenging President Trump’s blocking…
How Mueller Can Make the Grand Jury Report Public or Hand it to Congress
With news that Special Counsel Robert Mueller has begun using grand juries to conduct his investigation, there are now questions about where it might all lead. Of course, it might…
Don’t Expect Indictments Soon in Russia Probe: When Counterintelligence and Prosecutorial Interests Meet
The recent news of a July FBI raid on the home of former Trump campaign manager Paul Manafort has raised expectations in some circles that special counsel Robert Mueller’s investigation…
Just Security’s Summer Vacation Reading List
Just Security is on a reduced schedule this week for summer vacation, which means we will publish some commentary and analysis but at a lower rate than usual. Our pieces this week…
Recap of Recent Pieces on Just Security (August 7-11)
I. Afghanistan Laura Dickinson, A Legal and Policy Risk Analysis of the Erik Prince Plan to Privatize War in Afghanistan (Thursday, August 10) II. Foreign Intelligence Analysis:…
Bringing the AUMF Debate Back to its Constitutional Roots, and Recent History
A U.S. Army howitzer firing at Islamic State positions in Iraq in 2016. Last Friday, Rita Siemion published an insightful analysis of the Trump Administration’s first meaningful…
A Round-Up of Just Security’s Coverage of Trump’s Trans Ban
It’s been over two weeks since President Donald Trump tweeted his decision to ban transgender people from serving from the military. On the Wednesday it happened, the White House…