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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2,559 Articles
Speaker of the House, U.S. Rep. Nancy Pelosi (D-CA) presides over the U.S. House of Representatives as it votes on a resolution formalizing the impeachment inquiry centered on U.S. President Donald Trump in the House Chamber October 31, 2019 in Washington, DC.

A Game-Changing Provision in the House Impeachment Resolution

The measure would keep Trump’s lawyers from participating in the impeachment process if the White House continues to refuse to produce documents and bar witnesses from testifying,…
Puzzle Pieces with the American and United Kingdom flags and wires

Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…

Exclusive: White House Ignored Pentagon Warning on Ukraine Funding

The Pentagon warned the White House over the summer that if the Ukraine funding wasn’t released by August 6, DoD would be at risk of violating the law.
Side by side photographs of Pat Cipollone, Fiona Hill, and George Kent.

Why Officials Keep Testifying Despite White House Counsel’s Letter on Impeachment Inquiry

"These are presumably not the results White House Counsel Cipollone expected when he sent his letter, but in retrospect they seem fairly predictable."
House Republicans gather to speak at a press conference organized by Rep. Matt Gaetz, (R-FL), on Capitol Hill on October 23, 2019 in Washington, DC.

GOP “Storming” of Secure Facility for Impeachment Proceedings: An Explainer

How does a "SCIF" work, and can members of Congress be penalized for their en masse protest of testimony in the House impeachment investigation?
Trump signs a dollar bill for a supporter during a campaign rally at the Richmond International Raceway October 14, 2015 in Richmond, Virginia.

Trump Views U.S. Taxpayer Dollars As His Personal Checkbook

For Trump, congressionally appropriated taxpayer dollars are his to do with as he pleases.
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep during a Victory Day parade rehearsal in Colombo on May 17, 2013. Military personnel in uniform surround him.

Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds

Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…

“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts

Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
Democratic Presidential nominee Hillary Clinton and US Vice President Joe Biden acknowledge the crowd at Riverfront Sports athletic facility on August 15, 2016 in Scranton, Pennsylvania.

The Missing Link: Getting Dirt on Biden Was Key Part of “Investigation into 2016 Election” Too

Set aside Trump-Giuliani pressure on Ukraine to investigate Burisma. Their pressure on Ukraine to investigate 2016 election was also targeting Biden.
Former U.S. Ambassador to Ukraine Marie Yovanovitch is surrounded by lawyers, aides and journalists as she arrives at the U.S. Capitol October 11, 2019 in Washington, DC.

Career U.S. Officials Testifying to Congress: A Guide from Co-Equal

For over 100 years, federal statutes have protected the right of federal employees to communicate with Congress. Career employees across agencies and positions have routinely provided…
Air Force Reserve Capt. Matthew Lee Stanley prepares to have a blood sample taken by Air Force Sgt. Tracey Harris on June 3, 2003 at Barksdale Air Force Base.

Whistleblowing in Washington: Lessons Learned and Unlearned

A compelling first-hand account illustrates the institutional headwinds facing whistleblowers. To create the space they need to help increase accountability in government will…
The dome of the U.S. Capitol Buidling and the US flag.

The Need for a Bipartisan Stand Against the White House Counsel Letter 

Former general counsel to Sen. Marco Rubio and senior Republican counsel on Senate Judiciary Committee writes about impeachment inquiry.
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