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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Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 2-June 9)
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…

Five Times Comey Said Trump Was Lying
Former Director of the FBI James Comey came to Thursday’s briefing with the Senate Intelligence Committee ready to say the Trump administration had lied to the American people…

Ask a Law Professor: Was it Obstruction?
With former FBI director James Comey’s hearing today, we heard it straight from the horse’s mouth that Comey interpreted President Trump’s “hope”…

Just Security Roundup of #ComeyHearing
Here is a roundup of Just Security’s live tweeting from Thursday’s Senate Intelligence Committee hearing with former FBI Director James Comey. We’ve also included…

Why I Want Comey to Say More about Att’y Gen. Jeff Sessions
When it comes to the question of obstruction of justice in the Flynn and Russia investigations, many focus on President Donald Trump’s actions, and skeptics then wonder what…

Five Major Highlights in Comey Testimony
The full text of James Comey’s prepared testimony for Thursday’s hearing of the Senate Intelligence Committee is now publicly available. Here are five major highlights…

To Whom Should Comey Have Reported His Interactions with Trump?
When former FBI Director James Comey testifies on June 8, he can expect to get this question (especially from some Republican senators): If you thought President Donald Trump was…

How to Frame—and Not Misframe—Comey’s Testimony
We thought to offer a few thoughts in anticipation of James Comey’s testifying before the Senate Intelligence Committee on Thursday. 1. First it is important to remember that…

We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System
In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…

Campaign Finance Law: When “Collusion” Becomes a Crime: Part II
As a potential crime under the campaign finance laws, the Trump campaign collusion with the Russians is well documented. As I contended in a recent essay, there is substantial…

Did Trump Try to “Bribe” Comey?
As we head toward James Comey’s testimony before the Senate Intelligence Committee on Thursday, I thought it would be useful to remind readers about a recent Just Security essay…

Could Trump Have Obstructed Justice if a Grand Jury Hadn’t Convened Yet?
Helen Klein Murillo and Ben Wittes over at Lawfare have done a terrific deep dive into whether an FBI investigation constitutes a “pending proceeding” under the federal obstruction…