Senate
57 Articles

At Least 15 Trump Officials Do Not Hold Their Positions Lawfully
As of September 2, there were at least 15 offices with acting officials even though the Federal Vacancies Reform Act time limit for those offices had expired.

The Senate Created a Playbook to Counter Foreign Influence. Then it Did the Opposite.
"Disinformation about disinformation is in itself, of course, a form of disinformation, and makes our ability to identify, expose, and explain it much more difficult. Likewise,…

Trail Smelter Arbitration Offers Little Guidance for COVID-19 Suits against China
On June 23, the Senate Committee on the Judiciary held an extraordinary hearing on whether to amend the Foreign Sovereign Immunities Act (FSIA) in order to permit domestic lawsuits…

Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody
Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.

The Senate Must Conduct an Impeachment Trial That Is Serious and Fair
The American people deserve an impeachment trial that is fair and serious. The Chief Justice and the members of the Senate should deliver one.

Wolf in Sheep’s Clothing: Does the McConnell amendment provide a justification for military operations against Iran?
The Senate’s rebuke of President Trump announcing a precipitous withdrawal from Syria creates dangerous ambiguity as to whether confronting Iran should be considered part of…

Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…

New Atrocities Prevention & Response Legislation Introduced
I posted earlier about a new bipartisan bill to advance accountability in Syria: the Syrian War Crimes Accountability Act of 2017 (current status is here). Two additional pieces…

Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)
Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…

The Senate Killed JASTA, Then Passed It…
About a month ago, I wrote a long primer on JASTA (the Justice Against Sponsors of Terrorism Act), a bill that is designed to make it far easier for 9/11 victims and their families…

The State Department’s Records and Response Problems Are Not New, They’re Systemic
The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…

Sen. Paul’s Great Surveillance ‘Filibuster’ and What to Expect Next
Senator Rand Paul, joined by Senator Wyden and other surveillance reform advocates, as well as five members of the House of Representatives, spent much of last night on the Senate…