Litigation
826 Articles

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…

Mexico Appeals in Case Against Gun Manufacturers
"Mexico’s litigation is part of wider efforts to hold irresponsible members of the U.S. gun industry accountable for transborder damage caused with their products on its territory."

The Broad Scope of “Intent to Defraud” in the New York Crime of Falsifying Business Records
"While there are other legal hurdles for the Manhattan DA to cross in the indictment of the former president, this element of the relevant offenses poses no obstacle..."

The Just Security Podcast: An Indictment of Donald Trump
The alleged indictment raises important questions about efforts to interfere with the 2016 presidential election and the rule of law.

Survey of Past Criminal Prosecutions for Covert Payments to Benefit a Political Campaign
Surreptitious third-party payments are routinely prosecuted as campaign finance violations in New York and nationally under various statutes.

A Long-Forgotten Law Could Force the U.S. to Re-Evaluate its Relationship with Saudi Arabia
Section 502B(c) is a potent tool to accelerate congressional oversight of support to countries with concerning human rights records.

7 Experts on Trump’s Call for Protests and Social Media Threat Models
Comparing expert analyses of the threat of domestic extremist violence with assessments by social media platforms.

Survey of Past New York Felony Prosecutions for Falsifying Business Records
A survey of years of New York criminal cases, which shows that the prosecution of falsifying business records in first degree is common.

The Manhattan DA’s Charges and Trump’s Defenses: A Detailed Preview
Analyzing DA Bragg's options for felony charges, including campaign finance crimes and conspiracy to prevent an election, and Trump's defenses.

Attorney General Merrick Garland and Intelligence Community Leaders Testify on the Reauthorization of Section 702 of FISA
Editor’s Note: This article, originally published on March 2, has been updated to reflect the testimony of top intelligence leaders before the Senate Select Committee on Intelligence…