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

Senate Judiciary Hearing on the Report of the President’s Review Group on Intelligence and Communications Technologies

HAPPENING NOW: the Senate Judiciary Committee is holding a hearing on the Report of the President’s Review Group on Intelligence and Communications Technologies (the PRGICT…
Just Security

Connecting the Dots: Assessing the Effectiveness of Bulk Phone Records Collection

[Editor’s note: This morning we are enthusiastic to have the opportunity to publish on Just Security an extremely insightful and thoughtful paper on the effectiveness of…
Just Security

After the AUMF: Iraq and Al Qaeda Redux

Over at Lawfare, Jack Goldsmith takes quite a different lesson from the push to repeal of the 2002 Iraq AUMF than Steve and I suggested here. In Jack’s view, the administration…
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After the AUMF: Iraq and al Qaeda

On Tuesday, the Obama administration announced its support for repealing the 2002 authorization to use force in Iraq.  This should not be surprising: after all, the President…
Just Security

10 Questions for the Review Group Members to Publicly Address at the Senate Hearings

The members of the President’s Review Group on Intelligence and Communications Technologies will appear on Tuesday, January 14th for hearings before the Senate Judiciary…
Just Security

Benghazi Oversight: A Chairman’s Resistance to Inconvenient Facts

In a previous post, I argued that overwrought politicized congressional oversight about the attack of the U.S. diplomatic facility in Benghazi, Libya would have a damaging effect…
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Version 4.0 – Do We Need A New Privacy and Civil Liberties Board?

One aspect of the President’s Review Group report on NSA surveillance that has gone relatively unnoticed is the recommendation that the current Privacy and Civil Liberties Oversight…
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Could the NSA’s Telephony Metadata Program Have Prevented 9/11? Judge William Pauley v. Lawrence Wright

In an earlier post, I proposed some analytic tools for evaluating the effectiveness of the NSA’s telephony metadata program – in light of recommendations by the President’s…
Just Security

OLC Memos and FOIA: Why the (b)(5) Exemption Matters

The headline of yesterday’s D.C. Circuit decision in Electronic Frontier Foundation v. Department of Justice, in which the Court of Appeals rejected a FOIA request for a…
Just Security

FISC Approves Application to Renew Telephony Metadata Program [UPDATED]

Today, the Office of the Director of National Intelligence declassified and announced that the FISC has approved the government’s application to renew the telephony metadata…
Just Security

Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Just Security

How to Evaluate Whether the NSA’s Telephony Metadata Program Makes Us Safer (and What Proponents and Opponents Get Wrong)

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the…
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