Congress
759 Articles

We Know a Lot More About U.S. Spying Since Section 702’s Last Reauthorization
As Congress finally starts to debate whether to reauthorize Section 702 of the FISA Amendments Act before it expires at the end of this year, it’s important to remember that…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Aug 25-Sept 1)
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…

Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…

Bringing the AUMF Debate Back to its Constitutional Roots, and Recent History
A U.S. Army howitzer firing at Islamic State positions in Iraq in 2016. Last Friday, Rita Siemion published an insightful analysis of the Trump Administration’s first meaningful…

Representative Ted Lieu in Defense of Global Justice
As mentioned last week by Jane Stromseth in her terrific post “Why the U.S. needs the Office of Global Criminal Justice Led by a Senate-Confirmed Ambassador-at-Large,” the…

We Are Already in a State of Emergency
As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…

Fighting Terrorism Without Dividing Us: Why Congress Must Look Beyond Countering Violent Extremism
On Thursday July 27, the National Security Subcommittee of the U.S. House Committee on Oversight and Government Reform will hold a hearing on “Combatting Homegrown Terrorism.”…

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…