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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Sen. Leahy’s Latest NSA Bill: The Good, The Bad, and The Ugly

This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the…
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Senator Leahy Introduces Updated Version of the USA FREEDOM Act

This morning, Senator Leahy (D-Vt) introduced an updated version of the USA FREEDOM Act (full text).  If you recall, in May, the House passed a version of the USA FREEDOM Act…
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A Last Word on Lisa Monaco and AUMF Reform

In light of various offline comments, and Ben’s latest Lawfare post, let me briefly elaborate upon my post from this morning with respect to Saturday’s remarks by…
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Overreading Lisa Monaco on AUMF Reform

Over at Lawfare, Bobby Chesney, Jack Goldsmith, Matt Waxman, and Ben Wittes have posted a reaction to a Josh Gerstein story in Politico, which was itself reporting on remarks…
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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…
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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’…
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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…
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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…
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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…
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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…
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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…
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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…
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