Congress
683 Articles

Russian Money and Trump’s Legal Defense
Piece by piece, we continue to learn about Russia’s assault on the 2016 election: cyberattacks on voting systems in 39 states; troll farms that pushed divisive political messages…

Congress is Facing Decisions on Torture, and Needs to Treat Them As Such
On October 17, the Senate Intelligence Committee held a hearing on Christopher Sharpley’s nomination to become the next CIA inspector general. He has been the agency’s acting…

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)
Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)
Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…

Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…

Congressional Oversight and the Niger Attack
President Donald Trump’s handling of military condolences has dominated the coverage of the Oct. 4 deaths of four U.S. Special Operations forces soldiers in Niger. However, there…

Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…

NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…

The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…

Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…