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Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…

Congress Will Ignore Trump’s Foreign Affairs Budget Request. Others Will Not.

President Donald Trump’s proposal to make massive cuts to the Fiscal Year 2020 U.S. foreign affairs budget has not attracted much attention in Washington, reflecting confidence…
US President Donald Trump and Russian President Vladimir Putin shake hands ahead a meeting in Helsinki, on July 16, 2018.

To Congress: If Russians Seek to Provide Dirt, Make it a Requirement to Report!

The Anti-Collusion Act, introduced Wednesday by Rep. Tom Malinowski (D-N.J.), would require everyone running for federal, state, or local office to report offers of assistance…
The dome of the US Capitol Building

Take Back: How Congress Can Reclaim Its Power

Early in the Clinton administration, I served on the National Security Council staff when former Rep. Howard Berman, a California Democrat, called me one day to tell me that the…
U.S. Rep. Jerrold Nadler (D-NY) speaks as House Minority Leader Rep. Nancy Pelosi (D-CA) and other House Democrats listen during a news conference in front of the U.S. Capitol June 20, 2108 in Washington, DC.

The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege

The next phase of Congress’ trying to enforce its supboenas in court is getting underway. Why the litigation over executive privilege is about to get ... . complicated, and how…
The Internal Revenue Service (IRS) building in Washington DC.

Tax/Audit Reform Could Be the Legislative Purpose for Obtaining Trump’s Tax Returns

Recent congressional testimony reveals a legislative purpose for obtaining President Donald Trump's tax returns: reforming the taxing and auditing of high-income taxpayers.
U.S. Speaker of the House Nancy Pelosi (D-CA) answers questions during a press conference at the U.S. Capitol on May 09, 2019 in Washington, DC.

New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran

Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…
House Judiciary Chairman Rep. Jerrold Nadler (D-NY) holds up copies of the Starr Report during a House Judiciary Committee markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report, on Capitol Hill April 3, 2019 in Washington, DC.

The Barr-Nadler Subpoena Standoff: Still Room for Accommodation?

In its standoff with the House Judiciary Committee over the Mueller report, the Justice Department’s assertions when it comes to protecting its law enforcement equities, are…
Chairman Jerrold Nadler (D-NY) waits to start a House Judiciary Committee hearing where Attorney General Robert Barr declined to appear, Capitol Hill on May 2, 2019 in Washington, DC.

Amid the Nadler-Barr Standoff: Some History of Struggles Over Hearing Processes

Attorney General William Barr refused to appear before the House Judiciary Committee at its hearing today on the Mueller Report, further escalating the battle between the executive…
Marine Corps Gen. Joseph Dunford and Patrick M. Shanahan, Acting U.S. Secretary of Defense, are seen before a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

New DoD Policy on Amends Needs to Address Transparency Gap

New information from the U.S. Department of Defense (DoD) reveals a previously unrecognized transparency gap in the U.S. military’s efforts to acknowledge and address civilian…
U.S. Attorney General William Barr speaks with a clenched fist about the release of the redacted version of the Mueller report as U.S. Deputy Attorney General Rod Rosenstein and U.S. Acting Principal Associate Deputy Attorney General Ed O’Callaghan stand behind him at the Department of Justice April 18, 2019 in Washington, DC.

On Mueller Report, Barr Says No Executive Privilege Redactions. But Look for Assertion Later.

The release of the redacted version of the Mueller Report may not signal the end of debates over Executive Privilege, and is likely only the beginning of congressional activity…
Floating Icebergs in Jokulsarlon Glacial Lagoon, Iceland

Climate Change: Our Greatest National Security Threat?

Climate change is a grave national security threat. But there are reasons to hope that we may yet be able to address climate security, including through innovative legal solutions.
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