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

The Other Person in the Room with Comey and Sessions
During all of the intense debate over the testimony of Attorney General Jeff Sessions, perhaps the most important statement by Sessions has gone largely overlooked. During…

Freedom of Expression and the Digital Access Industry: Five Key Takeaways
The Internet, a historically unparalleled source of information and expression, has also become a playground for censorship, punishment and propaganda. Not a day goes by where…
National Security-Related Congressional Hearings, June 12-16
Monday, June 12 7:00pm – House Committee on Armed Services – The Fiscal Year 2018 National Defense Authorization Budget Request from the Department of Defense (here)…

Parsing the White House Response to Comey’s Testimony
The most extraordinary thing to come out of the hearing the Senate Select Committee on Intelligence held Thursday may not be former FBI Director James Comey’s testimony,…

The Silly “Comey-the-Criminal” Meme–a.k.a. Why Claims that Comey’s a “Leaker” Ring Hollow
The strangest claim to emerge from yesterday’s Senate intelligence committee hearing is the one first suggested by President Trump’s personal lawyer, Marc Kasowitz,…

Five Times Comey Said Trump Was Lying
Former Director of the FBI James Comey came to Thursday’s briefing with the Senate Intelligence Committee ready to say the Trump administration had lied to the American people…

Ask a Law Professor: Was it Obstruction?
With former FBI director James Comey’s hearing today, we heard it straight from the horse’s mouth that Comey interpreted President Trump’s “hope”…

Just Security Roundup of #ComeyHearing
Here is a roundup of Just Security’s live tweeting from Thursday’s Senate Intelligence Committee hearing with former FBI Director James Comey. We’ve also included…

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…