Immunity

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Cutting Through the Noise to Trump’s Claimed Immunity in NY Felonies Case

When President-elect Donald Trump’s latest motion to dismiss his felony convictions in New York hit reporters’ in-boxes on Tuesday, it was immediately clear that the dominant…
A man walks away from the E. Barrett Prettyman US Courthouse in Washington, DC

Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant

A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.
A U.S. soldier stands with his head down in front of a hallway of prison cells.

Abu Ghraib Dejà Vu

As torture victims from the Abu Ghraib prison return to U.S. federal court, Brig. Gen. (Ret.) Xenakis discusses need for accountability.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?

Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
(TOP LEFT) DANBURY, CONNECTICUT - JULY 1: Steve Bannon, the former Donald Trump White House strategist, departs to turn himself in to custody after addressing the media at the Federal Correctional Institution Danbury he is expected to begin his four-month sentence on July 1, 2024 in Danbury, Connecticut. Bannon will be imprisoned for contempt of Congress, his conviction for not complying with issued subpoenas by the now-defunct House Select Committee that investigated the January 6, 2021 attack on the Capitol. Bannon attempted to avoid reporting to prison while challenging his conviction before the federal appeals court in Washington, DC but was denied by the Supreme Court. (Photo by David Dee Delgado/Getty Images); (TOP MIDDLE) NEW YORK, NEW YORK - MAY 20: Boris Epshteyn, advisor to former U.S. President Donald Trump, returns to the courtroom after a break during Trump's hush money trial at Manhattan Criminal Court on May 20, 2024 in New York City. Michael Cohen, Trump's former attorney, took the stand again today to finish his cross examination by the defense in the former president's hush money trial. Cohen is the prosecution's final witness in the trial and are expected to rest their case this week. Cohen's $130,000 payment to Stormy Daniels is tied to Trump's 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Michael M. Santiago/Getty Images); (TOP RIGHT) John Eastman speaks at the National Conservative Conference in Washington D.C., Monday, July 8, 2024. (Photo by Dominic Gwinn / Middle East Images / Middle East Images via AFP) (Photo by DOMINIC GWINN/Middle East Images/AFP via Getty Images); (BOTTOM LEFT) A November 19, 2020 photo shows Sidney Powell speaking during a press conference at the Republican National Committee headquarters in Washington, DC. - US President Donald Trump's personal lawyer Rudy Giuliani and campaign lawyer Jenna Ellis reportedly said that Powell is not a member of the Trump legal team. (Photo by MANDEL NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images); (BOTTOM MIDDLE) MANCHESTER, NEW HAMPSHIRE - JANUARY 21: Rudy Giuliani speaks to members of the media where Republican candidate Florida Gov. Ron DeSantis was scheduled to host a campaign event on January 21, 2024 in Manchester, New Hampshire. Gov. DeSantis has suspended his presidential campaign and is endorsing Republican candidate, former President Donald Trump. (Photo by Brandon Bell/Getty Images); (BOTTOM RIGHT) ATLANTA, GEORGIA - OCTOBER 20: Kenneth Chesebro speaks to Fulton County Superior Court Judge Scott McAfee during a hearing where Chesebro accepted a plea deal from the Fulton County District Atorney at the Fulton County Courthouse October 20, 2023 in Atlanta, Georgia. Chesebro was facing seven charges related to his alleged role as the legal architect in using Trump electors in Georgia and other key states to undermine the 2020 elections. (Photo by Alyssa Pointer/Getty Images)

Who’s Who in Jack Smith’s Immunity Brief

A list detailing what is publicly known about the more than 80 people whose names are redacted in the Special Counsel's October 2024 immunity brief.
A collage of Senate Judiciary Committee Chairman Dick Durbin (L) and Ranking Member Lindsey Graham (R) speaking during a hearing on on the recent Supreme court decision in Trump v. United States on September 25, 2024.

A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity

The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
Ranking member Sen. Lindsey Graham (R-SC) speaks with committee chairman Sen. Dick Durbin (D-IL)

Absolute Presidential Immunity and the Evasion of Checks and Balances: My Testimony Before the Senate Judiciary Committee

"The potential abuses of official power that are made possible by the Court’s ruling, and the neutering of Congress’s ability to act, are alarming."
United States District Court for the District of Columbia

After Immunity: How Judge Chutkan Should Apply Trump v. U.S.—and When

A deep dive into the state of play in United States v. Trump.
The U.S. Capitol in Washington, D.C.

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt

With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…
A digital image shows planet Earth from space with various cities connected by glowing lines.

What’s in a Bag? The Lawfulness of X-raying the Diplomatic Pouch in International Law

Is it lawful for a State to subject a foreign diplomatic pouch to X-raying or scanning to ensure that it is not used for illicit purposes?

After Immunity: The Path Forward for the January 6th Case

TABLE OF CONTENTS I. Introduction II. The Supreme Court’s Immunity Framework III. Applying the Court’s Immunity Decision to the Indictment 1. Undisputed Unofficial Conduct…
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Collecting Just Security’s Analysis of the Supreme Court’s Term

A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
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