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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2,460 Articles

35 Questions for Congress to Ask Robert Mueller (+ Questions from Readers)

Former FBI (Rangappa), Justice Department and NSC (Geltzer), and Pentagon (Goodman) officials team up to suggest questions for Mueller.
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House Should Prepare Criminal Referral of A.G. Barr for Lying to Congress

Mueller’s testimony puts not only the President’s job and criminal liability on the line. Attorney General Barr is in jeopardy too.
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…
The US Supreme Court in Washington, DC, on January 22, 2019.

The National Security Delegation Conundrum

The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
Hundreds of people gather in lower Manhattan for a "Lights for Liberty" protest against migrant detention camps and the impending raids by Immigration and Customs Enforcement (ICE) this coming weekend in various cities on July 12, 2019 in New York City.

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees

The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…
A caravan of more than 1,500 Honduran migrants moves north after crossing the border from Honduras into Guatemala on October 15, 2018 in Esquipulas, Guatemala.

“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful

The Trump Administration is seeking "safe third country" agreements with Mexico and Guatemala to keep Central American asylum seekers from reaching the country - they can't meet…
A person typing on a keyboard

Outside the Beltway: An Experiment on Human Rights & Potential CLOUD Act Agreements

What questions remain in assessing the human rights concerns of potential CLOUD Act agreements? How would executive branch lawyers approach these questions?
Special Counsel Robert Mueller makes a statement about the Russia investigation on May 29, 2019 at the Justice Department in Washington, DC.

Five Takeaways from Talking Feds’ Mueller Preview Panel

As we prepare for the upcoming congressional testimony of Special Counsel Robert Mueller, we thought it would be helpful to tune into the Talking Feds podcast, which taped a series…

Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…

Congress Will Ignore Trump’s Foreign Affairs Budget Request. Others Will Not.

President Donald Trump’s proposal to make massive cuts to the Fiscal Year 2020 U.S. foreign affairs budget has not attracted much attention in Washington, reflecting confidence…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
Just Security

Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
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