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.
2,544 Articles
The Trial of Ex-Blackwater: An Overview of the Competing Stories
Opening statements in the trial of the four Blackwater members alleged to have carried out the killings in Nisour Square, Baghdad, Iraq ended in Washington D.C. this week. On Tuesday…
The President Has No Congressional Authorization to Use Force against ISIS in Iraq
Earlier this week, Jen Daskal, Steve Vladeck and I wrote a post explaining why the 2002 Authorization for Use of Military Force against Iraq clearly does not apply to ISIS in Iraq…
The Legal Basis for the Abu Khattalah Capture
The capture of Ahmed Abu Khattalah was performed by a joint group of FBI agents and U.S. Special Operations forces. A New York Times story reported an official as saying that…
Meshal: The Last, Best Hope for National Security Bivens Claims?
Last Friday, Judge Sullivan (D.D.C.) dismissed Meshal v. Higgenbotham, a long-outstanding Bivens suit brought by a U.S. citizen who alleged that, while travelling in the Horn…
The Premature Discussion of ISIS and the 2001/2002 AUMFs
Our friends over at Lawfare have been pondering what the legal authority might be for the President to order air strikes against ISIS in Iraq and/or Syria. Such speculation is…
The Foreign Intelligence Surveillance Court: Is Reform Needed?
With the advent of the Edward Snowden leaks commencing in June 2013, much has been written about Snowden and the United States intelligence community. This short blog post examines…
Covington White Paper on the Constitutionality of a FISA “Public Advocate”
As readers may recall from prior posts both here and at Lawfare, I’ve been a staunch supporter from the very beginning of the call for more adversarial process before the…
Eleventh Circuit Says No to Warrantless Cell Tracking, Calls Other Metadata Programs Into Question
Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion,…
Clapper to Hagel: Taliban 5 return to battle “will not appreciably change the threat” to US or Afghanistan
Secretary of Defense Chuck Hagel testified before the House Armed Services Committee on Wednesday about the prisoner exchange involving Sgt. Bowe Bergdahl and five Guantanamo detainees…
Secretary Hagel’s defense of the Bergdahl deal [UPDATED]
[slightly updated for clarification and to account for testimony during the hearing] The Secretary of Defense is testifying at a HASC hearing beginning now. Here are his prepared…
House Armed Services Committee Hearing: The May 31, 2014 Transfer of Five Senior Taliban Detainees
Happening now Secretary of Defense Chuck Hagel testifies before the House Armed Services Committee the May 31, 2014 transfer of five senior Taliban detainees. Secretary Hagel’s…
Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House
Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…