Oversight

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Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term

Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.
U.S. Defense Secretary Pete Hegseth stands at a podium​, delivering a speech to ​uniformed service members​.

Cuba Libre: One Man’s Morality or Our Law?

We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.
Close-up of several metal handguns laid side by side on a table, their barrels and triggers visible in tight rows, representing some of the thousands of weapons seized by the Mexican Army from drug traffickers in northern Mexico in January 2017. Gun reads: "U.S.A. [...] Springfield, Mass."

Firearms Trafficking Comes to the Inter-American Court of Human Rights in Recent Advisory Opinion

The Inter-American Court of Human Rights' recent advisory opinion addresses the obligations of States and private actors to prevent and combat illicit trafficking of firearms.
U.S. President Donald Trump ​a​nd El Salvador’s President Nayib Bukele ​look at each other and smile. They are standing in front of the "Shield of the Americas" logo. Four Latin American flags are in the background.

The Shield of the Americas Is the Trump Corollary’s Military Edge

The Shield of the Americas operationalizes the 2025 National Security Strategy, creating serious consequences for sovereignty, civil-military relations, and democratic governance.
​A man, ICE Acting Director Caleb Vitello​, surrounded by a least two other men, members of the New York City Fugitive Operations Team​, conduct targeted enforcement operations on January 28, 2025 in New York City. The officers are in "POLICE ICE" tactical gear.

The Deeper Problem with ICE’s Arrest Warrants

DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.
A U.S. Immigration and Customs Enforcement agent's back is to the camera, facing the front door of an apartment building during an immigration raid or enforcement operation.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel

DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.
(L) Treasury Secretary Scott Bessent; (R) Daniel Driscoll

Will Trump Allow Private Equity to Gut the Army Too?

Previous Army privatization experiences demonstrate that the logic of Secretary Driscoll’s proposal to court private equity firms is difficult to defend.

The Epstein Files and the Seven Member Rule

In a polarized Congress, discharge petitions and the Seven Member Rule preserve a limited but vital role for the minority, strengthening oversight.
The Just Security Podcast Cover Image

The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.

Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it. 
Collage of Zuma, Rajapaksa and Bukele (L to R)

Is the U.S. Becoming a Captured State? A Comparative Perspective

Patterns of state capture in South Africa, El Salvador, Sri Lanka and Guatemala offer a cautionary guide for the United States.
People demonstrate with CASA outside the Supreme Court of the United States on Thursday May 15, 2025. (Photo by Matt McClain/The Washington Post via Getty Images)

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705

For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
The US Department of Homeland Security building

Incoming DHS Intelligence Lead Promotes Unlawful Activities

The public, Congress, and the media should insist that the DHS's domestic intelligence practices be sunset, rather than expanded.
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