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.
2,468 Articles

Three Things to Look For in the 2020 “Worldwide Threat Assessment” from the U.S. Intelligence Community
A year ago, very few Americans had ever heard of the U.S. intelligence community’s annual worldwide threats assessment and briefing to Congress. This year, the country should…

What the State Department Legal Adviser Promised Congress on Iran
Will Mr. Marik String keep his word?

The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes
A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…

The United States Finally Has a New War Crimes Ambassador
Considering the past, current, and threatened atrocities across the globe and the U.S. position on the ICC, Ambassador Morse Tan will have his hands full.

How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…

Why the 2002 AUMF Does Not Apply to Iran
There is no congressional statute authorizing military attacks on Iran.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?
To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…

Mark Esper vs. Mark Esper on the 2002 AUMF and Iran
In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.
![A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2019/12/Screen-Shot-2019-12-30-at-9.54.22-PM-e1578422584340.png?fit=1024%2C418&ssl=1)
Did the Trump Administration Abuse the Redactions Process?
The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.

Civilian Casualties: A Case for U.S. Condolence Payments in Syria
The U.S. military acknowledges it unintentionally killed 40 civilians in a 2017 air strike, but rejects appeals to help those who survived.

The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database

The Missing Assistant Secretary of Defense and the Soleimani Strike
Government officials will be working around the clock in the coming days to keep Americans safe and manage the fallout. It’s highly unfortunate that one critical voice will be…