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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2,544 Articles

Not Illegal: But Now The Hard Part Begins

I am no fan of the Trump Administration, which in its short life has attempted many illegal acts. But neither do I automatically conclude that everything it does is illegal, as…

Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution

[UPDATED]  The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…

Why Trump Associates Should Worry A Lot More About the Logan Act

In a Washington Post Op-Ed, I look into the history of the law that forbids Americans engaging with foreign governments to undermine official policies of the United States. The…
A person holds a phone at the airport.

To Senate Committee on Homeland Security: Five Questions for Secretary Kelly About Passwords Demands at the Border

On January 31, an NASA engineer and U.S. citizen, Sidd Bikkannavar, was informed by federal border agents he hat he was required to turn over the password to his smartphone on…
Retired Lt. Gen. Michael T. Flynn at Trump Tower on December 5, 2016 in New York City.

Why Flynn Isn’t Getting Immunity Anytime Soon

[Editor’s Note: This post is part of a Just Security symposium on retired lieutenant general Michael Flynn’s legal jeopardy. Ready Alex’s earlier post, “Flynn’s…
President Donald Trump speaks on the phone with Australian Prime Minister Malcolm Turnbull in the Oval Office of the White House, January 28, 2017 in Washington, DC. National Security Advisor Michael Flynn and White House Chief Strategist Steve Bannon also sit around the desk.

A Primer on the Foreign Agents Registration Act—and Related Laws Trump Officials May Have Broken

About a week ago, I wrote a pair of posts about the increasing insinuation in various camps that, if in fact the Trump campaign colluded with the Russian government to influence…

Flynn’s Public Offer to Testify for Immunity Suggests He May Have Nothing to Say

The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s…

Q&A on Senate Intelligence Committee Press Conference with Burr and Warner

Sen. Richard Burr (R-N.C.) and Sen. Mark Warner (D-Va.), who are leading the Senate Intelligence Committee’s investigation into Russia’s interference in the 2016 presidential…
Deputy Attorney General Sally Q. Yates speaks during a press conference at the Department of Justice on June 28, 2016 in Washington, DC.

Sally Yates, Russia Testimony & Executive Privilege in the Trump Era

This week has shed light on the Trump administration’s aggressive approach to executive privilege, but it has also cast doubt over President Donald Trump’s ability to assert…
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National Security-Related Congressional Hearings, March 27-March 31

Tuesday, March 28 10:00am – House Committee on Armed Services – Military Assessment of Russian Activities and Security Challenges in Europe (here) 10:00am – House Committee…

Reforming Surveillance In the Age of Donald Trump

Above: An NSA site in Germany. On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump…

Incidental Collection Is Extremely Troubling, Regardless of Legality

A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance…
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