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Tag Archive: Congress

The “Travel Ban” Executive Order as Separation-of-Powers Test Case

The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend of change from and continuity with its January 27 precursor. Its changes signal the (current) strength of traditional institutional resistance from courts and bureaucrats to an insurgent, populist presidency.…   continue »

Whistleblower Retaliation: A Governmental Accountability and National Security Crisis

The role of an Inspector General (IG) office in a federal agency or department is to root out waste, fraud, and abuse, and where necessary refer criminal conduct to the Justice Department for prosecution. But what happens when the IG itself is corrupt, especially in a national security context where secrecy can be used to conceal malfeasance?…   continue »

Just Security Event: Surveillance and the Trump Administration

Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What to Do About It. Opening remarks by Senator Ron Wyden, followed by a discussion between Granick and Pulitzer Prize-winning New York Times Washington Correspondent Charlie Savage on U.S.…   continue »

Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 3-10)

CHECKS AND BALANCES

Threatening judicial independence and American constitutional principles, Trump attacked a federal court judge this week in an unprecedented move which generated critique from Democrats, Republicans, and even Trump’s own nominee for the Supreme Court.

Trump Attacks Judge on Twitter

After Judge James Robart, a federal judge in Seattle, blocked Trump’s immigration ban nationwide on Friday, Trump launched an attack on Judge Robart the next day, referring to him as a “so-called judge” and declaring his decision to be “ridiculous.” Trump wasn’t finished blasting the judge, and on Sunday stated that Judge Robart would be to blame “if anything bad happens.” In what became a whirlwind weekend, the Justice Department filed a notice on Saturday night that it would formally appeal the order and on Sunday morning, the U.S.  continue »

Norms Watch: Tracking the Erosion of Democratic Traditions (Jan. 13-20)

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Last week, we launched a regular series tracking President-elect Donald Trump’s adherence, or lack thereof, to democratic norms. These norms are not necessarily legally required, but help make up the fabric that holds together broader democratic values, such as accountability and the rule of law.  continue »

The Troubling Application of the Political Question Doctrine to Congressional Force Authorizations

The U.S. District Court for the District of Columbia on Nov. 21 dismissed the suit brought by U.S. Army Captain Nathan Michael Smith challenging the legality of the military campaign against ISIS under Operation Inherent Resolve. The opinion by Judge Colleen Kollar-Kotelly rejecting the suit on political question grounds is troubling.…   continue »