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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A page of the unclassified memorandum of U.S. President Donald Trump’s phone call with Ukrainian President Volodymyr Zelensky from July 25, 2019 is shown September 27, 2019 in Washington, DC.

Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power

The publicly known facts about President Trump’s interactions with Ukraine constitute a prima facie case for impeachment based on abuse of presidential power.
Demonstrators hold up signs as Environmental Protection Agency (EPA) chief Scott Pruitt testifies before the House Energy and Commerce Committee regarding his corruption. April 26, 2018 - Capitol Hill in Washington, DC. A sign reads, “Mr. Corruption.”

For Scientific Integrity in Government, Fix Political Appointments Process

The Brennan Center's National Task Force on Rule of Law and Democracy recommends ways to rein in abuses by converting long-held norms into law.
Secretary of State Mike Pompeo and acting White House Chief of Staff Mick Mulvaney in the Oval Office of the White House July 26, 2019.

Ukrainian Funding Delay Created a Paper Trail That Congress Should Follow

The Office of Management and Budget prevented the release of the Ukraine funding through its apportionment authority, a bureaucratic process that necessarily creates a paper trail.
U.S. Secretary of State Mike Pompeo takes a question during a press conference on the sidelines of the United Nations General Assembly on September 26, 2019 in New York City.

Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction

The Trump administration now seems to be reverting to its previous strategy of total obstruction based on maximalist interpretations of executive authority.
Gregory Craig, former White House counsel to U.S. President Barack Obama, arrives at federal court September 3, 2019 in Washington, DC.

Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

In an offshoot of the Paul Manafort case in Special Counsel Robert Mueller's investigation, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted…
U.S. Secretary of State Mike Pompeo testifies during a hearing before the House Foreign Affairs Committee May 23, 2018 on Capitol Hill in Washington, DC.

Deciphering the Pompeo-House Clash Over Witnesses

Top congressional oversight expert breaks it down — what are the competing claims, and which ones are stronger or weaker?
House Speaker Nancy Pelosi (D-CA) speaks during a weekly news conference on Capitol Hill on September 26, 2019 in Washington, DC.

There Is No Constitutional Impediment to an Impeachment Inquiry that Concerns National Security

The Constitution assigns the House of Representatives the impeachment power precisely to address situations where an urgent national security risk means accountability can’t…

Top Expert Backgrounder: Trump’s Impeachment–What Comes Next?

Yale Law School's Harold Koh describes the next set of decisions on the current road to impeachment of President Trump.
Trump talks to Giuliani as they exit the clubhouse following their meeting at Trump International Golf Club, November 20, 2016 in Bedminster Township, New Jersey.

The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws

Top election law expert writes about "the absurdity of the Justice Department’s refusal to investigate."
Trump speaks on the telephone via speakerphone with Mexican President Enrique Pena Nieto in the Oval Office of the White House on August 27, 2018 in Washington, DC.

Trump’s Call to Ukraine May Constitute “Honest Services Fraud”—A Core Crime of Public Corruption

Missing from the conversation is the public corruption crime of honest services fraud, and it fits the reported facts, writes Barbara McQuade, former United States Attorney for…
Trump speaks on the phone with Russia's President Vladimir Putin from the Oval Office of the White House on January 28, 2017, in Washington, DC.

The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate

Top election law expert, Paul S. Ryan of nonpartisan group Common Cause, explains the felonies that apply to allegations in Ukrainegate.
Committee Chairman Rep. Adam Schiff (D-CA) speaks to members of the media after Intelligence Community Inspector General Michael Atkinson met behind closed doors with the House Intelligence Committee at the U.S. Capitol September 19, 2019 in Washington, DC.

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo

Developments in the Intelligence Community whistleblower story raise new legal questions.
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