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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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…
Fictitious malicious coding in a 1970 dot matrix font on a computer screen.

What the Pandemic Tells Us About the State of U.S. Cybersecurity

The Cyberspace Solarium Commission sees lessons on risk assessment, resilience, public-private collaboration, and more.
US Army from NATO and Afghan commando forces at a checkpoint during a patrol against Islamic State militants at the Deh Bala district in the eastern province of Nangarhar Province. There are multiple vehicles around the checkpoint.

Grading DOD’s Annual Civilian Casualties Report: “Incomplete”

The new information demonstrates how much progress the department has made and yet how much of a paradigm shift is still needed for full accountability.
U.S. Treasury Department Assistant Secretary for Terrorist Financing Marshall Billingslea speaks during an Organization of American States meeting on state corruption and human rights violations in Venezuela at the organization's headquarters March 01, 2019 in Washington, DC.

Lessons From a Torture Advocate’s Failed Bid for a Key Human Rights Position

As society continues to grapple with the coronavirus pandemic, most news has been gloomy. But there have been positive developments, and among them is a rare story of accountability…
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