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.
2,444 Articles

Why a Media Shield Law May Be a Sieve
[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act. Don’t miss Sophia’s…

Al-Qaeda, the Law on Associated Forces and “Belonging to” a Party (did the new UN drones reports get it right?)
[Editor’s note: Kevin Jon Heller responds to Ryan in a Guest Post, and Ryan replies in a subsequent post. A Guest Post by UN Special Rapporteur Christof Heyns also addresses…

We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…

The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…

U.S. War in Pakistan (Not the One You Think)
The American public may not feel that it has had a meaningful political debate about going to war in nuclear-armed Pakistan outside the context of drone strikes or the stuff…

The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”
On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…

Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…

Syria and the Law of Humanitarian Intervention (Part III – A Reply)
My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…

The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…

Benghazi Oversight and the Death of Expeditionary Diplomacy
The assassination of Ambassador Chris Stevens in Benghazi, Libya on 9/11/2012 was a stark and sad example of the risks taken by diplomats who push out into the field in unstable…

Selective Disclosure About Targeted Killing
For several years, the ACLU has been pressing the Obama administration to be more transparent about the targeted-killing program. I’m starting to wonder whether it understands…

U.S. Military Operations Against al-Shabaab/al-Qaeda—and Who Exactly is Ikrima?
What domestic legal authority did President Obama invoke to send a team of Navy SEALs into Somalia this weekend to capture or kill a member of al-Shabaab, the terrorist organization…