Oversight

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Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches

"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

The Presidential Records Act is Constitutional

Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications

"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."
(L/R) US Vice President JD Vance, Jared Kushner, U.S. Secretary of State Marco Rubio look on as US President Donald Trump holds up a resolution document that he signed during the inaugural meeting of the "Board of Peace" at the US Institute of Peace in Washington, DC, on February 19, 2026. (Photo by SAUL LOEB / AFP via Getty Images)

Some Questions for Congress About Trump’s Request for Funding for the Board of Peace

Close scrutiny of the administration’s plans for contributions to the Board of Peace is warranted in light of the large dollar amounts involved.
Magnifying glass over computer code (vie Getty Images)

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner

A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.
Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term

Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

The Truth Behind Section 702 Query Statistics

Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches

A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.
The U.S. Department of Homeland Security emblem on the U.S.Immigration and Customs Enforcement building as seen on January 07, 2026 in Washington, DC.

How Secretary Mullin Can Reform DHS

If Secretary Mullin is serious about reforming DHS, then he should consider the following list of suggestions, based on information provided by whistleblowers.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702

Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.
U.S. Defense Secretary Pete Hegseth stands at a podium​, delivering a speech to ​uniformed service members​.

Cuba Libre: One Man’s Morality or Our Law?

We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.
Members of the Senate Homeland Security and Governmental Affairs Committee sit at a long U-shaped wooden table in a Capitol Hill hearing room.

DHS’s Revolving Door: The Need for Experienced Leadership in Dangerous Times

DHS sits at the center of a rapidly converging threat landscape. Now more than any time since DHS’s history, it begs for an extraordinary leadership team.
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