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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2,459 Articles

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…
National Institute of Allergy and Infectious Diseases Director Anthony Fauci confers with Vice President Mike Pence as U.S. President Donald Trump holds a news conference about the ongoing global coronavirus pandemic at the White House March 13, 2020 in Washington, DC. No one in the photo wears a face mask.

Explainer: National Emergency Declarations and COVID-19

A brief backgrounder on the Stafford Act and other emergency authorities President Trump has invoked to address coronavirus (COVID-19).
The dome of the U.S. Capitol Buidling and the US flag.

The Soleimani Strike and the Case for War Powers Reform

With passage of historic war powers legislation on Iran, a leading authority homes in on what deep reform of the war powers should look like.
Syrian Army defector "Caesar," (in a blue hooded jacket) who has smuggled out of Syria more than 50,000 photographs that document the torture and execution of more than 10,000 dissidents, listens to an interpreter during a briefing before House Foreign Affairs Committee July 31, 2014 on Capitol Hill in Washington, DC.

Balancing Syria Advocacy and Witness Safety: Have We Lost Sight?

Groups documenting war crimes and other violations must revisit their methods of evidence collection and improve compliance with “do no harm” principles.

The Gravity of Michael Ellis’ Promotion to Senior Director for Intelligence at the White House

The person just put in charge of intelligence at the NSC was credibly accused of abusing the classification system in the Ukraine matter, and was even personally named in the articles…
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

Congress Needs a “Rocket Docket” for Its Disputes With the President

A rocket docket could have prevented many of the abuses seen during the Trump administration, would reduce the likelihood of future abuses, and will enhance Congress’ ability…
A hand holds a blue highlighter as they highlight words and phrases of a blurry document.

What to Watch For in White House’s Annual Report on Use of Military Force

The report is due Sunday, March 1, and here are the key legal and policy issues to keep a sharp eye on.
Woman's hand showing world communication hologram with digital interface technology.

Improve FISA on Civil Liberties by Strengthening Amici

A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.
U.S. Minority Leader Sen. Chuck Schumer (D-NY) speaks during a news conference following the bipartisan Senate vote on the War Powers Resolution on Iran with Senators Tammy Duckworth (D-IL), Tim Kaine (D-VA), Tom Udall (D-NM) and Dick Durbin (D-IL) at the U.S. Capitol on February 13, 2020 in Washington, DC.

Congress Speaks: Trump Currently Has No Authority to Launch War with Iran

The House and Senate have passed resolutions that say President Trump has no authority to take the country to war against Iran.
Graphics depicting war powers reporting. The first graphic shows a map with certain regions highlighted in different shades of purple. Most are in Africa and the Middle East. The second graph is a circle with green lines extending to other areas of the circle.

New Online Resource: War Powers and Presidential Practice

"Intended for use by policymakers, legislators, scholars, journalists and the general public, the Project is an expansive new resource that analyzes the war powers reporting practice…
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