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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National Security-Related Congressional Hearings, September 20–22

Tuesday, September 20 2:30pm – Senate Select Committee on Intelligence – Briefing: Intelligence Matters – closed meeting (here) 2:45pm – Senate Committee on Foreign Relations –…
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Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance

The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
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Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
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Does Operation Inherent Resolve set a troubling constitutional precedent?: Engaging with Goldsmith and Waxman

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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Why President Obama Should Veto the Justice Against Sponsors of Terrorism Act

This morning, the House of Representatives passed the Justice Against Sponsors of Terrorism Act (JASTA), a bill purportedly designed to make it a lot easier for 9/11 victims and…
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Senators Move to Block US Arms Sale to Saudi Arabia

A bipartisan group of four US senators yesterday introduced a joint resolution aimed at blocking the U.S. sale of more than $1.15 billion in M1 Abrams tanks and other weapons…
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Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation

I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage…
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National Security-Related Congressional Hearings, September 5–9

Wednesday, September 7 2:00pm  – House Oversight & Government Reform Committee – Subcommittee on National Security – Oversight of the Department of Defense Office of…
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Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods

In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
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Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States

In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
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A 9/11 Commission Approach to the Russian Hack of the DNC

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy

This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
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