Congress

Just Security’s expert authors offer analysis of U.S. Congress’ role in national security, foreign affairs, the rule of law, and rights. Coverage includes analysis and informational resources related to the legislative process, oversight and investigations of the executive branch, and major debates on the separation of powers and Congress’ constitutional role.

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2,549 Articles

A Congressional Cybersecurity To-Do List

With a lame duck session pending, Congress may address a number of cybersecurity and data security issues before the end of the calendar year. Since it passed the “Cybersecurity…

Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General

Two former Office of Legal Counsel officials analyze OLC's opinion on Matthew Whitaker's legal status as Acting Attorney General.
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Congress Must Do More to Safeguard Mueller than Simply Protecting His Job

Matt Whitaker (or his successor) can do damage to Russia probe in more ways than just firing Mueller, and that's why new legislation is needed to protect the investigation.
Senate Judiciary Committee member Sen. Orrin Hatch (R-UT), Chairman Charles Grassley (R-IA) and ranking member Sen. Dianne Feinstein (D-CA) participate in an executive business meeting to debate and vote on Supreme Court nominee Judge Neil Gorsuch's nomination out of committee and on to a vote by the full Senate in the Hart Senate Office Building on Capitol Hill April 3, 2017 in Washington, DC.

Whistleblowers: The New “Insider Threat”

Thanks to information recently released by the Senate Judiciary Committee, we now have fresh, incontrovertible evidence that elements of the Intelligence Community (IC) have monitored…

Conference Roundup: National Security and Shifting Geopolitics – Challenges at Home and Abroad

Leading scholars, senior policymakers and award-winning journalists discussed key national security challenges of our era in a daylong conference Oct. 22, 2018, hosted by the Reiss…

From Brunson to Khashoggi, Global Magnitsky Sanctions Score a Mixed Record of Firsts

In the last 30 days, we’ve witnessed a number of important firsts concerning Global Magnitsky sanctions, the targeted pro-human rights and anti-corruption penalties increasingly…
Rep. Adam Schiff (D-CA), Ranking Member on the House Intelligence Committee, speaks with reporters on Capitol Hill on February 15, 2018 in Washington, DC.

Russia Investigation Leads Back in Play under Democrats

Following the Democratic takeover of the House in January, Rep. Adam Schiff (D-Calif.) is expected to chair the House intelligence committee. His leadership will come after a spectacle…

A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing Mueller—and Only “Norms” Could Stop Him

Matt Whitaker could try to kill off Russia investigations long before American public becomes aware of what he's done. Here's how and here's what's (not) stopping him.

The Constitutional Challenge to Robert Mueller’s Appointment (Part V):  If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?

[With minor oral argument update; Nov. 8]  In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
The outside of the E. Barrett Prettyman United States Courthouse in Washington D.C. during the day on Saturday, June 28, 2014.

The Constitutional Challenge to Robert Mueller’s Appointment (Part IV):  Morrison, Edmond, and the DOJ Special Counsel Regulations

[With relatively minor oral argument updates; Nov. 8]  In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…

Election Security is an Immediate National Security Concern

Democracy isn’t in the casting of the votes -- it’s in the counting. Georgia State Rep. Scott Holcomb says we need to ensure that our system is secure and every ballot is counted…

The Constitutional Challenge to Robert Mueller’s Appointment (Part III):  What Would be “Good Cause” to Remove Mueller?

[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
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