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Acting Deputy Secretary of Homeland Security Ken Cuccinelli is sworn in before testifying to the Senate Judiciary Committee's Subcommittee on the Constitution about "anarchist violence" in the Dirksen Senate Office Building on Capitol Hill August 04, 2020 in Washington, DC.

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.
US Senators Ron Johnson, Chris Murphy and John Barrasso walk out of the presidential office to make a press statement following a meeting with Ukraine's President in Kiev on February 14, 2020.

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,…
World map with golden threads indictaing global connectivity.

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…
Demonstrators holds up placards and banners while demonstrating, asking for Yahya Jammeh, the former President of the Gambia, to be brought to justice, in Banjul on January 25, 2020. One of the signs says, "No Place for Enforced Disappearance in Gambia."

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.
A flag waves in front of the U.S. Capitol building.

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.
Senate Majority Leader Mitch McConnell (R_KY) is trailed by reporters after speaking on the floor of the U.S. Senate on January 22, 2019 in Washington, DC.

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…
A mural on a fence reads, “Heal Syria” and shows butterflies painted with the Syrian flag. Some of the butterflies are colored on one half in the Syrian flag and on the other half with other country flags.

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…
Just Security

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…
Just Security

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…
Just Security

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…
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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…
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