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.
2,459 Articles

The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…

U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…

Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation: The topic is a blend,…

“Congressional Authorizations on Use of Force,” by Defense Dep’t Principal Deputy General Counsel William Castle (Full Text)
On Monday evening, William S. Castle, the Pentagon’s top lawyer, gave a speech entitled, “Congressional Authorizations on Use of Force?,” at the New York City Bar Association.…

The House Intelligence Committee’s Section 702 Markup Was a Politicized Debacle
On Dec. 1, 2017, the House Intelligence Committee took the unusual step of holding an open markup of its bill to reauthorize Section 702 of the Foreign Intelligence Surveillance…

Why Microsoft Challenged the Right Law: A Response to Orin Kerr
This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec. 1-8)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…

Why Don Jr.’s Attorney-Client Privilege Claim Is Dubious
Donald Trump Jr., the president’s son, met with the House Permanent Select Committee on Intelligence (HPSCI) on Wednesday and raised eyebrows when he invoked attorney-client…

The Collateral Costs of a Logan Act Prosecution
Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.” The document indicates…

Trump’s Opportunity to Keep Up with Obama on Use of Force Transparency
One year ago, today, the Obama administration released a 66-page report detailing the legal and policy framework governing the use of military force and related national security…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Nov. 2017)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

Do You Want Putin’s Attention? Sanction Sport
Regardless of the outcome of tonight’s decision by the International Olympic Committee on whether to ban Russia for its alleged state-sanctioned doping program for its Olympic…