Congressional Oversight

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The House Intelligence Committee’s Section 702 Markup Was a Politicized Debacle

On Dec. 1, 2017, the House Intelligence Committee took the unusual step of holding an open markup of its bill to reauthorize Section 702 of the Foreign Intelligence Surveillance…

Why Microsoft Challenged the Right Law: A Response to Orin Kerr

This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…
The NSA building and parking lots lit up at night.

Responding to the Myths About Reforming FISA’s Section 702

Image: National Security Agency headquarters, Fort Meade, Md. As the New Year’s deadline for reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches,…
A FBI Agent and FBI Analyst sit a desk with computers and look at an open case with tools during a basic field training course.

Warrantless Backdoor Searches are Not “Business as Usual”

This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…
Don McGahn, general counsel for the Trump transition team, gets into an elevator in the lobby at Trump Tower, November 15, 2016 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 25-Dec. 1)

Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…
Retired Lieutenant General Michael Flynn, U.S. national security advisor, arrives to a swearing in ceremony of White House senior staff in the East Room of the White House on January 22, 2017 in Washington, DC.

Flynn’s Turkish Delight: How, Why, and When He Reversed His Policy Positions on Turkey

Many commentators anticipate that Special Counsel Robert Mueller will likely indict retired lieutenant general Michael Flynn in part for the former National Security Advisor’s…
Attorney General Jeff Sessions testifies during a hearing before the House Judiciary Committee November 14, 2017 in Washington, DC.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 10-17)

Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…

Congress Steps Up Accountability for Drones Strikes and Other Military Operations

On the same day that The New York Times Magazine published a disturbing account of the monumental gap between the number of acknowledged civilian casualties and the number of casualties…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

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…
A radioactive warning sign hangs on fencing around the Anfield's Shootaring Canyon Uranium Mill on October 27, 2017 outside Ticaboo, Utah.

Sessions’ Recusal, the Clinton Foundation, and Uranium One

When Attorney General Jeff Sessions testifies before the House Judiciary Committee Tuesday, he will face questioning on the Uranium One deal. As Special Counsel Robert Mueller’s…
Retired Lt. Gen. Michael T. Flynn at Trump Tower on December 5, 2016 in New York City.

Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 3-10)

Here is an exposition and presentation of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…
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