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.

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1,805 Articles
People in black hoods and orange jumpsuits walk in front of US Capitol Building

Russian Torture and American (Selective) Memory

"No nation ever has and no nation ever will . . . torture their way to security."

11 Takeaways from Senate Hearing on Expanding War Crimes Act and a Crimes Against Humanity Statute

Bipartisan hearing with takeaways for Ukraine War, International Criminal Court, war crimes and torture prosecutions and more.

A Different Kind of Russian Threat – Seeking to Install Its Candidate Atop Telecommunications Standards Body

The new secretary-general of the standard-setting body will have global impact on whether the digital sphere will be beneficial for all.
Supporters of US President Donald Trump protest outside the US Capitol on January 6, 2021, in Washington, DC.

Lessons Learned from the January 6th Intelligence Failures

The Jan. 6 paradox: Domestic intelligence agencies lack the tools they need, while agencies with the tools lack the authorities to act.
Futuristic, blue server room with the flowing people and data.

AcidRain Malware and Viasat Network Downtime in Ukraine: Assessing the Cyber War Threat

Russia's disruption of the Viasat network in Ukraine should be a wakeup call for policymakers.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

The Absence of Any Executive Privilege by a Former President For National Security Secrets

The landmark Supreme Court case that both sides point to — Nixon v. GSA — has an even more important lesson.
Trump leaves the Manhattan Supreme Court where he serves on jury duty on August 17, 2015 in New York City. Reporters gather around him with cameras and microphones.

When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?

The Justice Department would be on strongest legal ground to indict former President Trump for MAL crimes in Washington, D.C., not Florida.
The illustration depicts pages from the government's released version of the F.B.I. search warrant affidavit for former President Donald Trump's Mar-a-Lago estate. The pages contains black redactions that cover many portions of the affidavit. On the bottom right page, there is a signature by Judge Bruce E. Reinhart.

A Damage Assessment of Trump’s “Declassification Defense”

"It should be shocking to the American public and to jurors in a courtroom to hear such a line of defense to allegations of mishandling national defense information."
On left, a portrait of U.S. District Judge Aileen M. Cannon of the Southern District of Florida, who is considering former President Donald Trump's request to appoint a special master to review documents recovered from his Mar-a-Lago estate. On right, a photo of a male police officer wearing sunglasses and police uniform, standing next to two vehicles on August 9, 2022, in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs

"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
Man in Saudi dress, a member of the Saudi delegation, stands in foreground, Jared Kushner in suit in background, picture of historical figure on wall, taken in the Oval Office of the White House.

Need for US Ethics Reform Is Far from History: Kushner-MBS Deal Reflects Broken System

Recommended reforms include a two-year post-employment ban preventing senior and very senior officials from working on behalf of foreign governments, plus exploring options for…
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
People embrace near a memorial for the shooting victims outside of Tops grocery store on May 20, 2022 in Buffalo, New York. 18-year-old Payton Gendron was accused of the mass shooting that killed 10 people at the Tops grocery store on the east side of Buffalo on May 14th and was investigated as a hate crime.

Oversight Reports Raise Questions About Value of DHS Counterterrorism Efforts

Twenty years after DHS was cobbled together in the wake of 9/11, it’s time to seriously examine which of its programs really protect us.
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