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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The Promises of FOIA in 2021: A Ready Pathway to Accountability

It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
Seated under a portrait of the Saudi monarch, US Secretary of State Mike Pompeo meets with Saudi Arabia's Crown Prince Mohammed bin Salman at Al Salam Palace in the Red Sea port of Jeddah on June 24, 2019.

Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”

The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition

In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Mike Pence, Rudy Giuliani, Donald Trump Jr., Eric Trump, Tiffany Trump, and others sit in the front row at the first US Presidential Debate at Hofstra University September 26, 2016 in Hempstead, New York.

Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.

There's ample precedent (the investigations of Bill Clinton's pardons) and ample reason for Congress and the Department of Justice to launch investigations into President Trump's…
People carry bags of cocoa at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe Series: Shielding American Corporations from Liability Undermines the United States’ Moral Authority

Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
Sticker messages placed on a fence by Thai student demonstrators are seen during a Milk Tea Alliance pro-democracy protest outside the Chinese embassy in Bangkok on October 1, 2020. Some of the sticky-notes read, “Mulan Live is Not Mulan,” “Save Tzuyu!” “Respect Basic Human Rights,” and more.

As China Promotes Authoritarian Model, the Resilience of Its Democratic Targets is Key

Pro-democracy political leaders, activists, and media can build on their successes against such influence with help from the world’s leading democracies.
U.S. Army (retired) General Lloyd Austin speaks after being formally nominated to be Secretary of the Department of Defense by U.S. President-elect Joe Biden at the Queen Theatre on December 09, 2020 in Wilmington, Delaware. President-elect Biden wears a face mask and sits socially distanced behind General Austin who does not wear a face mask and speaks at a podium. American flags can be seen behind Biden.

Important Context Missing from the Austin Nomination Debate

Civilian control of the military is an essential part of our constitutional fabric, but that doesn’t mean that recently retired officers are inevitably inappropriate defense…
Russian President Vladimir Putin and Oleg Deripaska, a billionaire businessman are seen visiting the RusVinyl Russian-Belgian joint polymer plant, near Nizhny Novgorod, 430 km. East of Moscow.

How Biden Can Defeat Strategic Corruption

An incoming president can designate strategic corruption as a national security threat, giving the Treasury Department the task of managing an interagency anti-corruption task…
A child stands through a curtain of traditional fabrics in Alamata, Ethiopia, on December 8, 2020.

To Prevent Atrocities, Break Bureaucratic Silos, Don’t Build A New One

Attempts to reduce risks of mass atrocities will be stronger if they are integrated with policy efforts to prevent conflict, address fragility, and counter extremism.
Women wait with children in a ward at a malnourishment treatment centre in Yemen's northern Hajjah province on November 22, 2020. The beds the children lie in are covered in netting, and the walkways between beds are very small since the beds are crowded together.

Biden Must Stick to His Pledge to End US Support for the Yemen War

The war in Yemen is a global mark of shame, and the resulting humanitarian disaster threatens the lives of 24 million people.
The cap of the United States Capitol Building

The Failed Transparency Regime for Executive Agreements

This article is cross-posted at Lawfare.   In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998…
The words "Cargill is Guilty" are projected in lights onto the face of the U.S. Supreme Court in Washington, D.C. on November 30, 2020 as part of a protest.

Nestlé & Cargill v. Doe Series: Holding the Aiders and Abettors of Atrocity to Account

Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.
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