Congressional Oversight

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Air Force Gen. John E. Hyten, Patrick M. Shanahan, Acting U.S. Secretary of Defense, and Secretary of the Air Force Heather A. Wilson listen during a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

The Pentagon’s 2018 Civilian Casualties Report: What’s In It and What’s Next

The Pentagon’s latest annual report, released this morning, lists shockingly low numbers of "credible" civilian casualties. It also illustrated the need for better processes…
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…
U.S. Attorney General William Barr leans his head sideways onto his hand as he testifies before the Senate Judiciary Committee May 1, 2019 in Washington, DC.

Barr and Congress: Is the Focus on Criminality Too Narrow?–Five Experts Weigh In

The Senate Judiciary Committee’s questioning of Attorney General William Barr yesterday raises the question of whether Congress, in responding to the findings in Special Counsel…
U.S. Rep. John Sarbanes (D-MD) speaks as Rep. Elijah Cummings (D-MD) and other democrats listen during a news conference at the U.S. Capitol January 4, 2019 in Washington, DC.

A Caution on Congressional Subpoenas and “Constitutional Crisis”

Last week, as part of its ongoing investigation into White House security clearance procedures, the House Committee on Oversight and Reform subpoenaed former White House personnel…
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…
Attorney General nominee William Barr (C) is sworn in prior to testifying at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989

When Bill Barr was head of Office of Legal Counsel, he gave Congress the legal conclusions and reasoning of an important Justice Department memo but left out major portions of…
Rep. Elijah Cummings (D-MD) chairs the House Oversight Committee as Michael Cohen, former attorney and fixer for President Donald Trump testifies on Capitol Hill February 27, 2019 in Washington, DC.

The House Oversight Committee Squeeze on White House Security Practices

Over the last several weeks, the House Oversight and Reform Committee has been busy documenting allegations from a whistleblower who stepped forward to raise concerns about security…
U.S. Attorney General nominee William Barr testifies at his confirmation hearing as his image is shown on a television monitor behind him January 15, 2019 in Washington, DC.

How Barr May Interpret What It Means to Withhold “Grand Jury Information”

While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…

Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice

The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr. Now, the…
Phone app icons for Snapchat and WhatsApp

Trump and the Demise of the Presidential Records Honor System

News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
An MQ-1 Predator unmanned aerial vehicle and F-16 Fighting Falcon return from an Operation Iraqi Freedom combat mission.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.
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