Intelligence & Surveillance
Just Security’s expert authors provide legal and policy analysis of intelligence and surveillance activities, focusing on their impact on national security and on civil liberties and privacy rights, and their oversight by Congress and the courts.
1,805 Articles

A Historic Cold War Execution on Espionage Charges: Information Delayed is Information Denied
The sons of Julius and Ethel Rosenberg call for release of all NSA and National Archives records related to their mother's case.

The Trump Indictment: What Top Intelligence Experts Are Saying
On June 13, former President Donald Trump pleaded not guilty in response to an historic federal indictment concerning the mishandling of highly classified U.S. intelligence information.…

In Defense of Inclusion: The Far-Right Attack on LGBTQ Rights in the Military
Members of Congress should support Diversity, Equity, and Inclusion (DEI) efforts in order to combat far right attacks on LGBTQ+ veterans and members of the armed forces, as bias…

DHS’s Newest Target: Atlanta “Cop City” Activists
Homeland security organizations are injecting federal spy agencies into local political matters, often without meaningful restrictions.

How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.

The Just Security Podcast: An Insider View of Trump’s Second Indictment
Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.

National Security Implications of Trump’s Indictment: A Damage Assessment
The former president's retention of highly classified intelligence has potentially grave implications for U.S. national security.

Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…

Bad for the Goose, Bad for the Gander: Drone Attacks in Russia Underscore Broader Risks
Recent drone attacks in Russia highlight legal and policy risks that must be weighed carefully.

Expert Backgrounder: Secret Evidence in Public Trials
How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…

Model Prosecution Memo for Trump Classified Documents
"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…

Dispelling Myths: How Classification and Declassification Actually Work
Must the president follow any specific procedures when declassifying government information? The answer is a resounding no.