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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Military Commissions and Unintended Constitutional Consequences

Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
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National Security Related Congressional Hearings, February 2-6

Below is a calendar of Congressional hearings on national security matters for this week. Tuesday, February 3, 2015 9:30am – Senate Armed Services – Findings of the Military…
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Basic category error by ten members of the Senate Judiciary Committee

Last Tuesday, AG-Designate Loretta Lynch, in her capacity as U.S. Attorney for the Eastern District of New York, announced the unsealing of a complaint and arrest warrant that…
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Global Magnitsky Act Re-Introduced

Senators Bill Cardin (D-Md) and John McCain (R-Ariz.) have re-introduced the Global Magnitsky Human Rights Accountability Act (S. 284) aimed at expanding the U.S.’s efforts…
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Schiff Introduces Updated Proposal for AUMF to Fight the Islamic State

Earlier today, Rep. Adam Schiff (D-Calif.) introduced a new proposal for a limited authorization for the use of military force (AUMF) against the Islamic State. Though largely…
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Boehner Invites Bibi: A Closer Look at Historical Practice

As many have noted, Israeli Prime Minister Benjamin Netanyahu’s upcoming address to Congress is intriguing because of the process by which it was arranged: House Speaker John…
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General Dempsey’s Position on an AUMF for ISIL: The Good, the Bad, and the Confusing

Chairman of the Joint Chiefs of Staff, Army Gen. Martin E. Dempsey gave his views of what a congressional authorization for the use of force against ISIL should contain, in an…
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National Security Related Congressional Hearings, January 26-30

Below is a calendar of Congressional hearings on national security matters for this week. Tuesday, January 27, 2015 9:30am – Senate Armed Services – Global Challenges and…
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What it Really Means to “Close Guantánamo”

[Editors’ Note: 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…
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AUMF Proposals and Congressionally Mandated Reporting Requirements: Some Guideposts

In his State of the Union speech on Tuesday, President Obama called on Congress to authorize force against the Islamic State. This was consistent with the line he has been walking…
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Assessing (Again) the Defensive Operations in Syria

The military operations against the Islamic State and Khorasan group in Syria have already received a lot of attention among international lawyers. The conversation has focused…
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The Latest Rules on How Long NSA Can Keep Americans’ Encrypted Data Look Too Familiar

Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question…
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