Litigation
826 Articles
The Biden Administration’s Moment of Truth on Torture Evidence
US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
Litigation Tracker: Major Decisions Facing the Biden Administration
The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…
Big-Tobacco-Type Lawsuits from State AGs: A Roadmap for Redressing Facebook’s Harms
Facebook has followed the Big Tobacco model, maximizing profit at expense of the public. It's time for AGs to dust off this playbook too.
Uncertain Future for the ICC’s Investigation into the CIA Torture Program
The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
NSO Group Loses Immunity Claim at the Ninth Circuit
In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…
No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.
"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
What Comes Next After a Guantanamo Detainee’s Habeas Win
Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns
“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
Reopen the Obstruction of Justice Case Against Trump
A key item in Attorney General Merrick Garland’s inbox is gathering dust: Volume 2 of the report by Special Counsel Robert Mueller, whose team investigated possible obstruction…
The Huawei DPA: A Prologue to the Global Arrest Game?
Deferred prosecution agreement for an executive of Chinese tech giant Huawei provides short-term resolutions but raises long-term concerns.
Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide
Implications for future investigations and more...
Crimes of Omission: Why a UN Treaty on Genocide but Not on Crimes Against Humanity?
It is a matter of historical curiosity, and it's time for the UN to reunite genocide with its genus by concluding a parallel treaty.