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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A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.
Exterior View of new International Criminal Court building in The Hague on July 30, 2016.

ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan

While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…
Turkish soldiers drive American-made M60 tanks in the town of Tukhar, north of Syria's northern city of Manbij, on October 14, 2019, as Turkey and its allies continue their assault on Kurdish-held border towns in northeastern Syria.

The Inevitable Day of Reckoning in Syria

President Trump's decision to disengage with the YPG and ultimately side with Turkey was rash and immoral, yet fundamentally inevitable.
U.S. Justice Department Inspector General Michael Horowitz testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill June 18, 2018 in Washington, DC.

The Crossfire Hurricane Report’s Inconvenient Findings

"The Inspector General's report fails to turn up anything resembling a Deep State cabal within the FBI plotting against the president, or deliberate abuse of surveillance authorities…
Barr and Trump

Barr’s Personal, Ad Hoc Declassification Authority and the Role of Congress

Much of Washington is fixated for varying reasons on the release of the report from Michael Horowitz, the Justice Department’s Inspector General, on the origins of the FBI’s…
Rohingya youth Mohammad Rafiq uses his mobile phone to take photos of a man by his shack at the Kutupalong refugee camp on July 23, 2019.

Social Media Vetting of Visa Applicants Violates the First Amendment

The Knight First Amendment Institute and the Brennan Center for Justice sued the US government to stop social media vetting of visa applicants.
Silhouettes of Trump and Putin as they arrive for a group photo at the G20 Summit in Osaka on June 28, 2019.

A Call to Arms: Taking the Russia Threat Seriously

A look at the problem posed by President Donald Trump's affinity for Russian President Vladimir Putin from a recently retired CIA Senior Intelligence Service officer.
Trump and Barr

Clear Goal of Barr/Durham Probe is to Scare Off Intelligence Community

In order for their counter-narrative to stick, President Trump and his associates need to destroy all trust in the Intelligence Community.
Fiona Hill, the former top Russia expert on the National Security Council, testifies during the House Intelligence Committee hearing as part of the impeachment inquiry into US President Donald Trump on Capitol Hill in Washington, DC on November 21, 2019. David Holmes sits next to her.

Fiona Hill: A “Domestic Political Errand” Eclipsed the “Regular Channel” on Ukraine Policy

Hill’s testimony clarified that what had appeared to be the secretive “irregular” channel actually had sign-off from the president. And while several career officials charged…
Ranking member Rep. Devin Nunes (R-CA) questions National Security Council Director for European Affairs Lt. Col. Alexander Vindman and Jennifer Williams, adviser to Vice President Mike Pence for European and Russian affairs during testimony before the House Intelligence Committee in the Longworth House Office Building on Capitol Hill November 19, 2019 in Washington, DC.

Trump and GOP Call to ID Whistleblower Exposes Glaring Gaps in Protections

There are punishments for disclosing a whistleblower's identity in such a case. But the entire system is a patchwork of laws that needs to be rethought.
Amb. William Taylor and Deputy Assistant Secretary Of State George Kent testify at Impeachment Hearing

Highlights of Taylor-Kent Hearing and Connections to Other Witnesses

Key takeaways from the first day of public hearings in the House impeachment inquiry, with crucial insights from top experts on Ukraine, congressional oversight, and rule of law.
A collage of witnesses called to testify during the Ukraine Impeachment Inquiry.

A Who’s Who of Ukraine Witnesses

A guide to all of the witnesses who have either testified or have been requested to testify in the impeachment inquiry.
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