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.
2,452 Articles
Why (Some) Secrecy is Good for Civil Liberties
A few weeks back, Ben Wittes wrote a controversial post over at Lawfare on the latest Snowden disclosures, arguing that, “If you’re okay with dumping in the lap of a journalist…
Would the USA Freedom Act End All Authorities for Bulk Collection?
When the House passed the USA Freedom Act (H.R. 3361) in May, both Members and the administration announced that it would end bulk collection of metadata about Americans’…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions
As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka
The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…
DOJ Files Opening Brief in Klayman Appeal
It’s been some time since we’ve discussed developments related to the Section 215 telephony metadata program. More attention of late has been focused on Section 702…
The D.C. Circuit, Article II, and the Constitutionality of the Guantánamo Transfer Restrictions
When President Obama transferred five Taliban detainees from Guantánamo in exchange for American POW Bowe Bergdahl, forests were felled over whether the Obama Administration…
Endless War is the Wrong Response to ISIS
“Obama’s Blueprint for Fighting Terrorism Collides with Reality in Iraq,” blared the New York Times headline late last week, in a story that set forth the challenges of the…
Transparency and Lethal Operations: A Checklist of What’s Public and What’s Still Secret [Updated]
Transparency is the touchstone for many debates about US lethal operations against Al Qaeda and associated forces. This post contains a checklist of sorts—cataloguing what information…
A Response to General Dunlap
First a caveat—I have worked with many honorable national security law experts who do exceptional scholarship and whose perspective I find extremely valuable, just as I have…
The importance (and difficulty) of the Stimson Task Force transparency recommendations . . . and a couple of legal corrections
Like Steve, I strongly recommend to Just Security readers the report on drone policy that the Stimson Task Force published yesterday. The report is very thoughtful and balanced,…
Two Major ISIS Developments
On the heels of last week’s White House announcement that the President was sending 275 U.S. troops to Iraq to provide security to U.S. personnel and the U.S. Embassy, today…