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.
2,544 Articles
Has the CIA Asked the FISC to Restart Its Bulk Collection Program?
There’s a curious gap in the documents currently posted on the FISC’s public docket — one that suggests the NSA call records program isn’t the only type of bulk collection…
“Expense,” “Delay,” and the Inauspicious Debut of the USA FREEDOM Act’s Amicus Provision
I have very little to add to Liza Goitein’s thorough and excellent post from this morning, which explains–quite forcefully in my view–why Judge Saylor’s…
The FISC’s Newest Opinion: Proof of the Need for an Amicus
In the first public opinion of the Foreign Intelligence Surveillance Court (FISC) since the USA Freedom Act became law, Judge F. Dennis Saylor IV ruled that the law revived the…
National Security-Related Congressional Hearings, June 22–26
Below is a calendar of congressional hearings on national security matters for this week. Tuesday, June 23, 2015 10:30am – Senate Appropriations – Financial Services and General…
The Hidden Meaning (Maybe) of the New FISC Opinion
The Foreign Intelligence Surveillance Court released an opinion today, dated June 17, holding that despite the brief lapse of several provisions of the USA Patriot Act, the effect…
Abu Ghraib and the Perversion of the Political Question Doctrine
I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup
I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…
The OPM Hack and the New DOD Law of War Manual
Last Friday was a big day in cybersecurity news. OPM announced that, in addition to the compromise of the personnel information of federal employees revealed on June 4, Chinese…
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
A Sweeping Victory for the McCain-Feinstein Anti-Torture Measure
The anti-torture measure that David talks about here passed the Senate by an overwhelming majority today of 78-21. Not that this should be a surprise. After all, as David wrote,…
National Security-Related Congressional Hearings, June 15–19
Below is a calendar of Congressional hearings on national security matters for this week. Monday, June 15, 2015 5:00pm – Senate Foreign Relations – Lifting Sanctions on Iran:…
Zivotofsky podcast
Jack Goldsmith and I break down the case, discussing many of the questions we’ve both been blogging about, here. * * * * My posts (and a podcast) on Zivotofsky: