Litigation
823 Articles

The Just Security Podcast: An Insider View of Trump’s Second Indictment
Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.

National Security Implications of Trump’s Indictment: A Damage Assessment
The former president's retention of highly classified intelligence has potentially grave implications for U.S. national security.

Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…

Expert Backgrounder: Secret Evidence in Public Trials
How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…

Model Prosecution Memo for Trump Classified Documents
"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…

The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump
The strongest case involves statements to tax authorities falsely characterizing the payments to Michael Cohen as “legal fees.”

Detailed Timeline of Trump Hush Money-2016 Election Investigation
Part of Just Security’s work on accountability and election law. Originally published on March 29, 2023; updated version published on May 24, 2023. On April 4, 2023, Manhattan…

The Question of Tax Fraud in Manhattan DA’s Case Against Former President Trump
Analysis of potential tax-related crimes in the Manhattan District Attorney's charges against former president Donald Trump.

Trump’s Most Pivotal, Incriminating Admission on CNN
"But why is this admission so pivotal to the potential outcome of a trial? The answer is location, location, location."

I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.
Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.

In Trump Case, Procedures Exist to Safeguard the Former President’s Right to an Impartial Jury
"[E]nsuring that Trump receives a fair trial while maintaining his Sixth Amendment rights is a necessary step on the path toward accountability."

Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…