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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People protest at a Uyghur rally on February 5, 2019 in front of the US Mission to the United Nations, to encourage the State Department to fight for the freedom of the majority-Muslim Uighur population unjustly imprisoned in Chinese concentration camps. A child holds a sign reading, “Justice.”

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.
People demonstrate against United States entering a war with Iran on the East Front of the US Capitol on January 9, 2020 in Washington, United States. A sign reads, “No war with Iran!”

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…
US Secretary of State Mike Pompeo leaves the stage to US Secretary of Defense Mark Esper during a briefing on the past 72 hours events in Mar a Lago, Palm Beach, Florida on December 29, 2019.

Why the 2002 AUMF Does Not Apply to Iran

There is no congressional statute authorizing military attacks on Iran.
The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

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

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”

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.
Heavy smoke billows following an airstrike on the western frontline of Raqa on July 17, 2017, during an offensive by the US-backed Syrian Democratic Forces, a majority Kurdish and Arab alliance, to retake the city from Islamic State (IS) group fighters.

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.
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
The Pentagon logo and an American flag are lit up in the briefing room of Pentagon in Arlington, VA.

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…

Letter to the Editor: The Foreign Corrupt Practices Act and Trump’s Ukraine Venture

The Dec. 16, 2019 Just Security essays about federal criminal offenses and President Donald Trump’s impeachment were excellent and timely, but the one about his exposure…
A flag waves in front of the U.S. Capitol building.

The Senate Must Conduct an Impeachment Trial That Is Serious and Fair

The American people deserve an impeachment trial that is fair and serious. The Chief Justice and the members of the Senate should deliver one.
An employee at the Utah County Election office puts mail in ballots into a container to register the vote in the midterm elections on November 6, 2018 in Provo, Utah.

The Trump-Giuliani Election Plan: Manipulating Voters

The public debate has included frequent reference to the potential destructive effects: illegal foreign interference in a presidential election that damages America’s democracy…
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