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.
2,549 Articles
Russia “Previewed” Plan to Disseminate Emails with Trump Campaign
Goodman analyzes Schiff’s revelation that Russia gave preview to Trump campaign that the Kremlin could help disseminate stolen emails. Then he addresses the legally important…
The Legality of U.S. Support for the Saudi-Led Campaign in Yemen
Yesterday, Senator Bernie Sanders (D-Vt.) introduced a joint resolution calling for the removal of U.S. armed forces from unauthorized active hostilities in Yemen. Shortly after,…
Important Report by White House on National Security Due Soon
The executive branch owes it to Congress—and all of us—to deliver the answers Congress has demanded to do the critical job assigned to our national legislature and serve the…
Deciphering the Redactions in the Schiff Memo
Almost as important as what the Schiff memo says is what it doesn’t say, because it got redacted. But, for various reasons, we’re still able to discern what lies behind some…
Will the Next Use of Force “Transparency Report” be Transparent? Devil May be in Classified Details
Congress recently required the President to submit a report that describes the administration’s legal and policy positions on the use of military force and related national security…
Doe v. Mattis: Is the War on ISIS Legal?
Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…
The Microsoft Design Decisions That Caused this Mess
I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
United States v. Microsoft: Why the Government Should Win the Statutory Interpretation Argument
In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…