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.
2,468 Articles
“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…
Responding to the Myths About Reforming FISA’s Section 702
Image: National Security Agency headquarters, Fort Meade, Md. As the New Year’s deadline for reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches,…
What Does Flynn Plea Deal Mean?
Special Counsel Robert Mueller announced this morning that a plea hearing for retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, would…
Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…