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
Members of the National Guard join police in holding a line on the fourth day of protests on May 29, 2020 in Minneapolis, Minnesota.

The President and the Domestic Deployment of the Military: Answers to Five Key Questions

Can President Trump use the military without governors' consent? What are the rules for the use of force?
Aerial view of people in white and red to form the Canadian flag.

A Deep Dive into Canada’s Overhaul of Its Foreign Intelligence and Cybersecurity Laws

Following the release of documents by Edward Snowden, many of the Western governments whose agencies’ activities were implicated in the leaks raced to update and modernize their…
A person holds a sign reading, "Stop the Attacks on People's Democratic Rights!" in front of ABS-CBNs main office on May 5, 2020 in Manila, Philippines.

A Bipartisan Push in Congress to Fight the ‘Parallel Pandemic’ of Human Rights Abuses Abroad

Legislation would improve US support to rights defenders, journalists, and marginalized groups fighting authoritarian abuses of emergency powers abroad.
Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
US Secretary of State Mike Pompeo takes a question from a reporter during a news conference at the State Department on April 29, 2020.

State’s Selective Cooperation with Congress Raises Legal Questions that Demand Answers

The State Department appears to be engaged in coordinated cooperation with an oversight investigation designed to harm Democratic presidential candidate, Joe Biden, while ignoring…
Side by side photographs of Eli Lake and Michael Flynn. The photo of Eli Lake is at a new America Foundation event. The photo of Michael Flynn is him coming out of a courthouse.

Eli Lake’s Omissions and Misleading Facts in Defense of Michael Flynn

Lake's essay has been called “the best summary of the pro-Flynn argument you'll ever read,” but former US Attorney and Professor Barbara McQuade finds Lake's analysis omits…
Protesters from several humanitarian associations lay on the ground, on February 6, 2020 at Cherbourg harbor, during an action to prevent the docking of the Bahri Yanbu, a ship flying the flag of Saudi Arabia accused of transporting weapons for the conflict in Yemen.

How States Supporting Armed Proxies Can Reduce Civilian Casualties and Protracted Hostilities

Guardrails in providing security assistance and arms exports don’t just protect human rights but also advance national security.
The wreckage of the U.S. embassy in Dar es Salaam embassy in 1998.

The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
Arrest poster of Felicien Kabuga. Reads, "Felicien Kabuga Arrested: 16/05/2020"

And Then There Were Seven: Rwandan Félicien Kabuga Arrested in France

The case illustrates the long arm of justice, via international tribunals created in the 1990s after the genocides in Rwanda and the former Yugoslavia.
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Chief Justice of the US John Roberts and Patrick Strawbridge, an attorney for US President Donald Trump, speak via an audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG.

Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information

A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
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