Congress
692 Articles
How the Prospect of Indictment Could Impact the President’s Decision Making
Over the weekend, the New York Times revealed that former Independent Counsel Kenneth Starr concluded that it was “proper, constitutional, and legal for a federal grand…
Political Parties as Critical Infrastructure?
Former Secretary of Homeland Security Jeh Johnson testified Wednesday before the House Intelligence Committee as part of the House investigation into Russian interference in the…
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…
We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System
In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…
Fight It with FOIA: How Congress Can Respond to White House Attempts to Block Congressional Oversight
The Trump White House took another step last week to weaken the checks and balances at the center of our constitutional system. According to Politico, President Donald Trump’s…
Don’t Be So Quick to Call Those Disclosures “Legal”
Following multiple reports that President Trump disclosed highly classified information to Russian officials at a private meeting, various legal experts have asserted that Trump…
Never Waste A Good Crisis, FBI Edition
President Trump’s decision to summarily dismiss now-former FBI Director James Comey has sparked grave concerns in many quarters. The move has been described as a profoundly…
President Trump: Don’t Replace Andrew McCabe
Yesterday, James’ Comey’s former deputy, now Acting Director of the FBI, Andrew McCabe, demonstrated that he, too, is willing to speak his mind (read: will not be…
Norms Watch: Tracking the Erosion of Democratic Traditions (May 5-12)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
Flynn’s Public Offer to Testify for Immunity Suggests He May Have Nothing to Say
The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s…