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

Hacking Back in Black: Legal and Policy Concerns with the Updated Active Cyber Defense Certainty Act

For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile…
Attorney General Jeff Sessions testifies during a hearing before the House Judiciary Committee November 14, 2017 in Washington, DC.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 10-17)

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…

Kushner’s Unsatisfactory Senate Document Production

The most incendiary part of a stinging letter from Senate Judiciary Committee leaders to Jared Kushner’s counsel, Abbe Lowell, is the committee’s disclosure that “other…

Congress Steps Up Accountability for Drones Strikes and Other Military Operations

On the same day that The New York Times Magazine published a disturbing account of the monumental gap between the number of acknowledged civilian casualties and the number of casualties…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

Russian Money and Trump’s Legal Defense

Piece by piece, we continue to learn about Russia’s assault on the 2016 election: cyberattacks on voting systems in 39 states; troll farms that pushed divisive political messages…

The Internationalists Mini-Forum: Wars of Self-Defense, An Exception that Swallows the Rule

(This piece is the latest of several on Just Security examining The Internationalists: How a Radical Plan to Outlaw War Remade the World, written by Just Security editorial board…

How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities

What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations?  How will we strike the difficult balance between protecting national…
A radioactive warning sign hangs on fencing around the Anfield's Shootaring Canyon Uranium Mill on October 27, 2017 outside Ticaboo, Utah.

Sessions’ Recusal, the Clinton Foundation, and Uranium One

When Attorney General Jeff Sessions testifies before the House Judiciary Committee Tuesday, he will face questioning on the Uranium One deal. As Special Counsel Robert Mueller’s…
Retired Lt. Gen. Michael T. Flynn at Trump Tower on December 5, 2016 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 3-10)

Here is an exposition and presentation of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…

Congress is Facing Decisions on Torture, and Needs to Treat Them As Such

On October 17, the Senate Intelligence Committee held a hearing on Christopher Sharpley’s nomination to become the next CIA inspector general. He has been the agency’s acting…
Committee Chairman Rep. Bob Goodlatte (R-VA) and ranking member Rep. John Conyers (D-MI) participate in a markup hearing before the House Judiciary Committee March 29, 2017 on Capitol Hill in Washington, DC.

The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional

The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
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