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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An AUMF for ISIL: A Survey of Different Drafts & Proposals [Updated]

[I have updated this survey to include new proposals and in light of this week’s Senate Foreign Relations Committee hearings on drafting an AUMF.] With the President now…
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Highlights (and Concerns) for Senator Menendez’s Draft AUMF

Senator Bob Menendez, Chairman of the Senate Foreign Relations Committee, has circulated a draft authorization for the use of force (AUMF) against ISIL.  Importantly, Sen. Menendez…
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The Torture Convention & Appendix M of the Army Field Manual on Interrogations

We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
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The 2015 National Defense Authorization Act: A Silver Lining for Guantanamo Detainees

Yesterday afternoon the House approved the Senate and House-agreed upon version of the National Defense Authorization Act for 2015, with two noteworthy consequences for Guantanamo…
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How an ISIL-Specific AUMF Affects Interpretations of the 2001/2002 AUMFs

From the moment the United States began military operations against the Islamic State, questions have arisen about the domestic legal basis for the use of American force. The major…
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An Intelligence Committee Agenda

There are big changes coming to the congressional intelligence committees in the 114th Congress, with new leadership in both the Senate Select Committee on Intelligence (SSCI)…
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The Senate Torture Report Should Name Victims

The Senate Intelligence Committee finally appears ready to release a redacted summary of its report on CIA torture and abuse of suspected terrorists. The release of this document…
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Drone Courts: The Wrong Solution to the Wrong Problem

A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
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U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty

On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
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Guest Post: NSA Reform — The Consequences of Failure

If you were expecting this to be a detailed post-mortem on the demise of the USA Freedom Act, you will be disappointed. As others have covered that ground, I want to focus on the…
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Senator Rand Paul’s Proposed Declaration of War and AUMF against ISIL

Senator Rand Paul (R-KY) has released a proposal to declare war against the Islamic State and authorize the use of military force against it. In relevant part, Paul’s joint resolution…
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Takeaways from the House Intelligence Committee Cybersecurity Hearing

On Thursday morning, the House Permanent Select Committee on Intelligence held a hearing on “Cybersecurity Threats: The Way Forward,” featuring testimony by Adm. Michael Rogers,…
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