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
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Lawyering in Secret and the Government’s FOIA Bogeyman

Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
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Secret Law Isn’t the Public’s Fault

Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…
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National Security-Related Congressional Hearings, November 9–13

Below is a calendar of congressional hearings on national security matters for this week. The House is out of session and many members will be conducting work in their home districts,…
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McCain’s Hearing Threat and the Bergdahl Court-Martial

Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
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The Assassination Ban and Targeted Killings

In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
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National Security-Related Congressional Hearings, November 2–6

Below is a calendar of congressional hearings on national security matters for this week. Tuesday, November 3, 2015 9:30am – Senate Armed Services – Future of Warfare (here)…
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Congress: Troops to Syria Means It’s Time (Finally) to Act

News that the United States has sent its first — albeit “fewer than 50” — troops to fight ISIS in Syria highlights once again the need for a new authorization to use military…
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A False Choice on Guantánamo Closure

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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Reminder: Tech Firms Aren’t Always the Privacy Advocates We’d Like to Think They Are

Last weekend, news broke that Facebook had been informally lobbying lawmakers to let them know the company didn’t oppose the Cybersecurity Information Sharing Act (CISA). The…
Just Security

A Quick Update: Apple, Privacy, and the All Writs Act of 1789

Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal…
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Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling

Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
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Section 215 and “Fruitless” (?!?) Constitutional Adjudication

This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
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