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

Loyalty and Quid Pro Quo: The Defining Themes of Comey’s Conversations with Trump
Two intertwined themes run through former FBI-Director James Comey’s hot-off-the-presses written testimony: loyalty and quid pro quo. Neither is appropriate for the relationship…

To Whom Should Comey Have Reported His Interactions with Trump?
When former FBI Director James Comey testifies on June 8, he can expect to get this question (especially from some Republican senators): If you thought President Donald Trump was…

We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System
In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…

Fight It with FOIA: How Congress Can Respond to White House Attempts to Block Congressional Oversight
The Trump White House took another step last week to weaken the checks and balances at the center of our constitutional system. According to Politico, President Donald Trump’s…
Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 19-26)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

Q & A With Citizen Lab on “Tainted Leaks” and Russia’s Disinformation Campaign
On Thursday, the University of Toronto’s Citizen Lab published evidence of a dangerous new twist in the war against truth. Russia-linked hackers, dubbed CyberBerkut, have…

Russia and a Divided United States: What Comes After Trump?
While the United States, along with its Western allies, became preoccupied with post-9/11 wars in Afghanistan and Iraq, global counterterrorism operations, and the aftermath of…

Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?
The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena…

The Drip, Drip of Obstruction News
The news yesterday that Donald Trump asked the Director of National Intelligence, Daniel Coats, and the director of the National Security Agency, Adm. Michael Rogers, to publicly…

Trump’s Disclosure Did Not Break the Law
Since the Washington Post revealed that President Trump had provided “classified” information to Russian diplomats, there have been three rounds of reactions. The first comments…

Connecting the Dots: Political Microtargeting and the Russia Investigation
In many respects, we’re all in the dark when it comes to the ongoing Russia investigations. Behind closed doors, what are congressional and FBI investigators learning? What new…