Congressional Oversight

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Trump’s Ability to Classify Mueller Report Is Greater Threat Than Executive Privilege

The prospect of the President invoking Executive Privilege to keep the Special Counsel's report secret has received plenty of attention. Less well-known is this: there are no restrictions…

Civilian Control of the Military During an Age of Trump and “Administrative Coups”

Since President Donald Trump’s election, concerns about the health of civilian control of the military and civil-military relations have garnered considerable media attention.…

A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests

The Senate is now considering President Donald Trump’s nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Whoever replaces Justice Kennedy,…

Zero Tolerance for Border Families but Welcome to Myanmar Military Perpetrators

Amidst the multitude of ongoing Trump administration scandals, the United States government has failed to develop a comprehensive approach to bring an end to or accountability…

Trump Could Learn from Gore on How to Handle an Election Interference Scandal

Replace Russia with China, the 2016 election with 1996, and Trump with Gore, and there are disturbing parallels. The stark difference is in how the White House handled the case.

Just Security Podcast: ACLU’s David Cole on Defending our Democratic Traditions

Roughly a year ago, I sat down with ACLU Legal Director and Just Security editorial board member David Cole to pick his brain about what our various independent government branches…

Two Important New Civilian Casualties Provisions in the Defense Authorization Bill

Draft text of the annual defense authorization bill contains two important provisions related to civilian casualties resulting from U.S. military operations.

The Department of Defense’s Report on Civilian Casualties: A Step Forward in Transparency?

While the Pentagon's new report on civilian casualties is a step in the right direction, future DoD reports should include more detail on specific incidents, including discrepancies…

Senator Merkley’s Smart New Alternative AUMF Proposal

Yesterday, Senator Jeff Merkley (D-Ore.) released a new proposal for an authorization to use military force, or “AUMF.” As Merkley explained in last week’s AUMF hearing before…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

The Haspel Nomination as a Referendum on (Un-)Accountability

One of the consistent themes of the Supreme Court’s jurisprudence over the past few decades has been aggressive hostility to “judge-made” remedies, i.e., the…

Gina Haspel’s Nomination to Head the CIA: Why the Controversy & What is at Stake?

The Senate has recently confirmed Mike Pompeo to be Secretary of State, after Senator Rand Paul (R-KY) dropped his objections and several Democrats indicated that they would support…

What Questions Should Congress Be Asking DoD About Civilian Casualties?

The Trump administration is due to submit today two important reports on civilian casualties—one to Congress and one to the public. Here are the questions Congress should be…
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