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.
1,837 Articles
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.
The Just Security Podcast: The Classification Process Declassified
To help us understand how the presidential classification and declassification process works in practice, we have Brian Greer and Wendy Leben.
It’s Time to Fix Congress’ Classification Infrastructure
As Congress works to reassert its authority over United States war making, it should improve its infrastructure and policies for handling sensitive information.
Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702
A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.