Immunity
157 Articles

Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.

The Just Security Podcast: Special Counsel Jack Smith’s Final Report in the 2020 Election Interference Case
Joining the show to discuss Jack Smith's final report in the 20220 election interference case are Tom Joscelyn and Marty Lederman.

Does the Int’l Criminal Court Impose Too Low a Standard of Proof to Arrest a Head of State?
Whether the International Criminal Court should require a higher standard of proof - than “reasonable grounds to believe" - before arresting a head of state.

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…

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.

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.

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.

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 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.

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."

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.

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…