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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2,468 Articles
Just Security

House Judiciary Markup of USA Freedom Act (Live stream)

Today starting at 1pm, the House Judiciary Committee is beginning its markup of the USA Freedom Act (H.R. 3361), including the Manager’s Amendment about which Jennifer…
Just Security

Manager’s Amendment Puts Back Door Searches Back In USA Freedom Act

Yesterday, the stagnant USA Freedom Act started to move through the U.S. House of Representatives, starting with a Manager’s Amendment to the bill. According to its drafters,…
Just Security

Letter to the Editor: Distinguishing Authorization and Appropriations Legislation

A recent post by Thomas Earnest about a drone casualty reporting provision in recent congressional legislation does something that is common in legal and popular discussion of…
Just Security

SSCI Report Names Djibouti as Host to CIA “Black Site,” as Case Pends before the African Commission

Djibouti is named as a host of a CIA “black site” in the Senate Select Committee on Intelligence (SSCI) report examining the extraordinary rendition and secret detention…
Just Security

Benghazi Oversight Updates: Of “Smoking Guns,” Judges & Committee Rifts

There have been a few developments over the last week in the ongoing congressional oversight activity related to the terrorist attack on U.S. personnel and facilities in Benghazi,…
Just Security

Why Can’t We Even Say How Many We Have Killed?

On Monday, Just Security marked the ten-year anniversary of the disclosure of the Abu Ghraib scandal with a pair of eloquent posts by David Luban (Part 1 and Part 2).  The Senate…
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Drone Casualty Reporting Requirement Dropped from Intel Authorization Bill

Over the last several months, we’ve been following closely several legislative proposals in the House and Senate aimed at bringing greater transparency to the U.S. drone…
Just Security

Are AQAP Domestic Insurgents in Yemen Covered by the AUMF?

According to Dan Klaidman’s excellent book, President Obama and John Brennan drew a red line in 2011: The United States would target members of Al Qaeda in the Arabian Peninsula…
Just Security

Intelligence Community Directive 119 and the First Amendment

As the inestimable Steve Aftergood noted last week over at Secrecy News, the Director of National Intelligence, James Clapper, has issued a new “Intelligence Community Directive”…
Just Security

Petition denied in Hedges

The Supreme Court this morning unsurprisingly, and without comment, denied the petition for certiorari in Hedges v. Obama, No. 13-758.  The plaintiffs in Hedges challenged the…
Just Security

Standing and Causes of Action in Zivotofsky

As a nerdy follow-on to Bob’s excellent guest post on the Zivotofsky case (which could prove to be the most significant foreign affairs case that the Supreme Court has…
Just Security

Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein

A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
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