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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Senate Foreign Relations Committee Chairman James Risch (R-ID) (L) and ranking member Sen. Robert Menendez (D-NJ)

How Congress Can Save Lives, Protect Rights, and Exert U.S. Leadership Globally in Response to Coronavirus

Given the Trump administration’s foreign policy proclivities, it’s likely that Congress will have to do much of the heavy lifting.
US Christine Levinson (C), the wife of ex-FBI agent Robert Levinson, her son Daniel (L) and her sister Susan (R) hold a press conference at the Swiss embassy in Tehran

Iran’s Murder of an American, CIA Contractor Bob Levinson, Suggests Impunity at Home Too

In light of the internal power struggle that turned Levinson into a tragic pawn on the bureaucratic chessboard, fundamental questions remain unanswered.
Committee ranking member Sen. Mark Warner (D-VA) talks with committee chairman Sen. Richard Burr (R-NC) during a Senate Intelligence Committee hearing.

Congress Must Insert Oversight of Intel Community in COVID Emergency Legislation

Governments often curtail individual liberties when faced with national or global emergencies. Unsurprisingly, one result of the COVID-19 pandemic is that governments around the…
A Lego Rube Goldberg machine at the Maker Faire 2009 in San Mateo, California.

Rube Goldberg and Military Justice

The decisional layer cake that Congress has put in place over the years, including on sexual assault, is rife with potential for yet more command influence.
Sen. Steve Daines (R-MT), Sen. Rand Paul (R-KY), Sen. Ron Wyden (D-OR) and Sen. Patrick Leahy (D-VT) talk strategy before a news conference about their proposed reforms to the Foreign Intelligence Surveillance Act in the Russell Senate Office Building on Capitol Hill January 16, 2018 in Washington, DC. The senators are part of a bipartisan group that supports legislation they say would protect Americans from foreign threats while preserving their privacy.

A Chance to Fix FISA

"When Congress does finally take up the issue again, this most recent compromise bill will be the baseline for further improvements—and improvements are sorely needed."
A large truck carrying pick-up trucks enters the US at the Otay Mesa port of entry at the US-Mexico border in San Diego, California on June 8, 2019.

The Right Way to Reform the U.S. President’s International Emergency Powers

Strong procedural checks and balances would improve oversight and limit the scope for abuse.
US Senate Majority Leader Mitch McConnell arrives to attend a meeting to discuss a potential economic bill in response to the coronavirus, COVID-19, in Washington, DC, on March 20, 2019. He walks with a group of people. No one wears a face mask.

We Badly Need Congress to Act. We Don’t Need Congress to Act in Person.

Remote voting critically helps ensure that Americans are not effectively disenfranchised if and when their representative becomes unable to show up in person.
Trump and Pence attend a teleconference with governors at the Federal Emergency Management Agency headquarters on March 19, 2020 in Washington, DC. Neither wear face masks. They sit in from of a FEMA sign and logo.

Use the Defense Production Act to Flatten the Curve

James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
Copies of the New York Times sit for sale in a rack July 23, 2008 in New York City.

The Espionage Act Reform Bill Addresses Key Press Concerns

On March 5, Senator Ron Wyden (D-Ore.) and Representative Ro Khanna (D-Calif.) introduced sorely needed legislation to reform the Espionage Act.

Blowing the Transatlantic Whistle

U.S. courts have been reluctant to extend the same protections they afford domestic informants to employees of American companies based abroad.
Appeals Chamber of the International Criminal Court (ICC) hearing to receive oral arguments in the appeals of victims and of the Prosecutor against Pre-Trial Chamber II's "Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan". The Appeals Chamber in this appeal is composed of Judge Piotr Hofmański, Presiding judge, Judge Howard Morrison, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Kimberly Prost. December 4, 2019

The “Interests of Justice” at the ICC: A Continuing Mystery

David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
National Guard troops stand by as people wait to be tested for COVID-19 at New York state’s first drive through COVID-19 mobile testing center at Glen Island Park in New Rochelle, New York on March 13, 2020. The ground is wet and the sky is overcast. Reflections of the troops and testing tents can be seen in the water on the ground.

The Coronavirus, Emergency Powers, and the Military: What You Need to Know

The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…
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