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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Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
Activists chant in front of the US Supreme Court in Washington, DC, on June 18, 2020. Signs read, "Here to Stay" and "Home Is Here."

The President and Immigration Law Series: Executive Power Beyond Enforcement

Nicholas Espiritu cautions that presidential power goes beyond enforcement - and neither bureaucratic nor constitutional safeguards are sufficient to check these quasi-legislative…
Partitions separate voting machines at the Lexington County Voter Registration and Elections Office on the second day of in-person absentee and early voting on October 6, 2020 in Lexington, South Carolina.

Navigating a Contested Election, the Electoral Count Act and 12th Amendment: How to Ensure a Fully Counted Outcome

"Unconventional threats to a free and fair election may require unconventional but lawful and legitimate tactics to preserve the constitutional order."
Medical staff move bodies from the Wyckoff Heights Medical Center to a refrigerated truck on April 2, 2020 in Brooklyn, New York.

Consequences of Federal Failure: Lessons from New York City in the Pandemic

A city is the form of government best positioned to understand the needs of its constituents. But the COVID-19 pandemic has highlighted the ways in which local government, even…
Ukrainian journalist and member of parliament Serhiy Leshchenko holds papers in front of a screen displaying a picture of Donald Trump's presidential campaign chairman Paul Manafort during a press conference in Kiev on August 19, 2016.

Manafort and His Ukraine Patron: “FinCEN Files” Further Illustrate Gaping Holes in Oversight

Leaked documents in a global news investigation reveal suspicious transactions and business practices that undermine US interests.
Chairman Sen. Lindsey Graham (R-SC) leans in close without a face mask to speak with Sen. Patrick Leahy (D-VT), who wears a face mask, during a Senate Judiciary Committee hearing on "Oversight of the Crossfire Hurricane Investigation" on Capitol Hill on August 5, 2020 in Washington, DC.

Senate Procedures Offer No Hope for Dems on Supreme Court Nominee

An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…
A demonstrator protests outside of the Old Bailey court in central London on September 14, 2020, where the extradition hearing against WikiLeaks founder Julian Assange's has resumed. A billboard on a truck reads, "Don't extradite Assange. Journalism is not a crime." The demonstrator wears a Guy Fawkes mask and holds a sign reading, "Stop this political trial."

It’s Assange in the Dock, But It’s National Security Journalism on Trial

The Justice Department’s indictment of Assange under the Espionage Act was intended to deter journalism that is vital to American democracy.
A healthcare worker talks to a patient in the ER at Oakbend Medical Center in Richmond, Texas, on July 15, 2020. Patients in beds line the hallway.

Global Health Is National Security

The pervasive damage to the global system of commerce, profit, and labor wrought by the coronavirus has proven that we are, indeed, an interdependent world.
The damaged interior of the hospital in which the Medecins Sans Frontieres (MSF) medical charity operated is seen on October 13, 2015 following an air strike in the northern city of Kunduz.

Online Symposium on Civilian Casualties: The Law of Prevention and Response

An important symposium series, “Civilian Casualties: The Law of Prevention and Response,” is kicking off on Wednesday (September 30) at noon EDT.
Members of the Oromo Ethiopian community in the US demonstrate in Washington DC, on July 17, 2020, in support the Oromo minority in Ethiopia.

Ethiopian Democracy Veers Off Track: What’s at Stake

Meaningful security and economic partnership with the US requires a stability that is authentic, sustainable, consensus-driven, and democratic.
US Secretary of State Mike Pompeo, without a face mask, speaks to reporters following a meeting with members of the UN Security Council about Iran's alleged non-compliance with a nuclear deal and calling for the restoration of sanctions against Iran at United Nations headquarters in New York, August 20, 2020.

The US “Snapback” Against Iran – Bad Politics and Flawed Law

One of the most eminent former US Ambassadors issues 9-page memorandum challenging the US government's position on the Iran nuclear deal.
E Jean Carroll and Mary Trump

All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act

A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.
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