Litigation
823 Articles
United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel
An in-depth legal analysis on the fate of Special Counsel Jack Smith's prosecution of former President Donald Trump in the classified documents case and beyond.
The Just Security Podcast: An Innovative Lawsuit Links Social Media Companies to Mass Shootings
Paul Barrett discusses the novel case and its potential impact on legal efforts to hold social media companies liable for mass shootings.
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?
Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.
We Charge Genocide: Redux
What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.
The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue’
Under the Rome Statute, the Court has and may exercise jurisdiction over any adult person accused of committing war crimes or crimes against humanity on the territory of a State…
Foreign Affairs Deference After Chevron
For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.
Should Trump Get Jail Time? A Survey of Sentences for Falsifying Business Records in the First Degree
As Judge Merchan considers sentencing, a look at other cases of falsifying business records that did or didn't end in incarceration.
Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster
Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Judge Sharply Questions Need for Backdoor Gag Order Against Trump in Classified Docs Case
Judge Aileen Cannon sharply questioned prosecutors about an indirect approach to restrict Donald Trump's comments on federal officials.
Trump’s Special Counsel Hearings: Judge Appears Concerned Over Jack Smith’s Funding
Key takeaways from Donald Trump's challenges to Special Counsel Jack Smith's authority in the classified documents case.