Recent Articles

If You’re Not Already Listening to the National Security Law Podcast…

…now might be a good time to start! Bobby Chesney and I just posted Episode 24 (“An AUMF for Westeros?”), in which, among other things, we discuss the legal authority…
U.S. Attorney General Jeff Sessions puts a hand up as he sits during his testimony before the Senate Intelligence Committee on Capitol Hill June 13, 2017 in Washington, DC.

About that Executive Privilege “Policy”: Congress Should Call the Bluff

During last week’s hearing of the Senate intelligence committee, Attorney General Jeff Sessions generated withering criticism by repeatedly refusing to answer Senators’ questions…

Why It Does Not Matter Who Rachel Brand Is

Last week, amid speculation that Acting Attorney General Rod Rosenstein may be forced to recuse himself from the expanding Russia investigation – unless he gets fired first –…
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The Early Edition: June 20, 2017

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. SYRIA Russia threatened…
U.S. Supreme Court Associate Justice Anthony Kennedy is seen during a ceremony in the Rose Garden at the White House April 10, 2017 in Washington, DC.

On Justice Kennedy’s Flawed and Depressing Narrowing of Constitutional Damages Remedies

On a day on which the Supreme Court (1) agreed to take up the most important partisan gerrymandering case in over a decade; (2) decided a pair of major First Amendment cases (one…

America’s AUMF Problem: Tomorrow’s Senate Hearing and a New Proposal from Eliot Engel

Events over the last several weeks show that not only is the AUMF issue not going away, but that Congress continues to inch closer to agreement. This Tuesday, the Senate Foreign…

The Making of a Russian Spy: A Roadmap for the FBI to Resolve Russia Gate

James Comey’s testimony has established that either President Donald Trump or the former FBI Director is lying, given the clear discrepancies in their versions of the conversations…

Exclusive: Draft Military Force Authorization against ISIL—by House Foreign Affairs Committee, Ranking Member Rep. Engel

Representative Eliot Engel, the ranking Democratic member of the House Foreign Affairs Committee has prepared a draft authorization for use of military force (AUMF) against ISIL…
Just Security

National Security-Related Congressional Hearings, June 19-23

Tuesday, June 20 9:30am – Senate Committee on Armed Services – Nomination (Deputy Secretary of Defense) (here) 9:30am – House Committee on Homeland Security…

On the Precipice: The U.S. and Russia in Syria

A Russian air force Su-30 fighter jet in Syria. The United States and Russia have entered a new and dangerous moment. On Sunday, a U.S. fighter jet shot down a Syrian warplane.…

Some Thoughts on the Government’s Latest Filing in the Entry Ban Cases

Last Wednesday, I published a post questioning whether there is any ground for the Supreme Court either to grant the government’s petitions for certiorari in the two “entry…

U.S. Law of War and Israeli Occupation: Why Enforcing International Norms in the Middle East Matters to the U.S.

Donald Trump used his first international trip as president to visit three of the holiest sites of the world’s three major monotheistic religions. He also used the trip to signal…
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