Litigation
840 Articles

The Just Security Podcast: Free Speech and Content Moderation in Missouri v. Biden
To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.

Prosecuting a President – Under What Conditions Is It Warranted?
"Democracies that resort readily to the criminal law against political rivals risk finding themselves at some stage categorized as ex-democracies."

Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…

The Trump Indictment: What Top Intelligence Experts Are Saying
On June 13, former President Donald Trump pleaded not guilty in response to an historic federal indictment concerning the mishandling of highly classified U.S. intelligence information.…

How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.

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…