Immunity
160 Articles

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…

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…

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.

A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.

Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”

Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.

International Enough? A Council of Europe Special Tribunal for the Crime of Aggression
To overcome personal immunities, a proposed Ukraine-CoE special tribunal must act on behalf of the international community as a whole.