Litigation
840 Articles

Expert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
A breakdown of the key issues in a wide ranging oral argument on foreign sovereign immunity in criminal cases.

How Jan. 6th Committee’s Revelations of Interference in Their Investigation Can Enable the Special Counsel
The kind of new evidence that can aid Special Counsel Jack Smith's investigations of January 6th and Mar-a-Lago.

Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States
The missing state and local criminal investigations of 2020’s "false slates of electors." A model for potential criminal prosecutions under Wisconsin state law.

Watch This Space: Momentum Toward an International Crime of Ecocide
"[T]he proposal to criminalize mass damage to the environment is ... likely to influence the behavior of government and corporate decision-makers in positive ways. In light of…

Our Prosecution Memo Points the Way for the Special Counsel
Some people have argued against the need for, or timing of, the appointment of a special counsel in the federal investigations of former president Donald Trump. But we welcome…

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago
To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors

Mar-a-Lago Model Prosecution Memo
"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 Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants
The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.

Mr. Attorney General, It’s Too Late to Appoint A Special Counsel
An "Open Letter" to Attorney General Merrick Garland in the matter of United States v. Donald J. Trump.

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): On the Non-Applicability of Personal Immunities
The International Court of Justice (“ICJ”) is clear that personal immunities do not bar prosecution before certain international courts and tribunals.

Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."

Forging a Cooperative Relationship Between International Criminal Court and a Special Tribunal for Aggression Against Ukraine
Cooperation between the ICC and a potential STCoA is possible and both courts could achieve their missions to promote accountability.