Just Security

Just Security Just Security is an online forum for the rigorous analysis of law, rights, and U.S. national security policy.

Just Security is an online forum for the rigorous analysis of law, rights, and U.S. national security policy. We aim to promote principled and pragmatic solutions to the problems facing decision-makers. Our Founding Editors include individuals with significant U.S. government experience, civil society attorneys, legal academics, and other thought leaders.

What good are policies when they’re ignored? As #BillBarr violates DOJ policy by publicly discussing and seeming to prej...
05/07/2020
Barr Ignores Settled Justice Department Policies in Run-Up to 2020 Elections

What good are policies when they’re ignored?

As #BillBarr violates DOJ policy by publicly discussing and seeming to prejudge outcome of investigation into Russia investigators, Fred Wertheimer warns of another DOJ policy violation in the #2020election.

Apparently seeking to support false claims about the Russia investigation and the president's reelection bid, the attorney general flouts long-settled DOJ policy.

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
05/07/2020
The Early Edition: May 7, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/70056/the-early-edition-may-7-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. GLOBAL DEVELOPMENTS President Trump yesterday vetoed a resolution aimed at limiting his ability...

BREAKING #Facebook names the members of its new @oversightboard for content moderation, including human rights figures f...
05/06/2020
The Republic of Facebook

BREAKING

#Facebook names the members of its new @oversightboard for content moderation, including human rights figures from across the world.

UN Special Rapporteur on Freedom of Expression David Kaye evaluates the potential dominance of this new institution:

Its Oversight Board for content moderation, with members named today, may help address problems of online speech and censorship. But it is only one part of the answer.

As #Facebook prepares to unveil the members of its new Oversight Board, Chinmayi Arun at Yale Law School says the mecha...
05/06/2020
The Facebook Oversight Board: An Experiment in Self-Regulation

As #Facebook prepares to unveil the members of its new Oversight Board, Chinmayi Arun at Yale Law School says the mechanism has shortcomings but might be the most interesting development in #socialmedia self-regulation in a decade.

It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.

Despite the destructive capability of #hypersonic weapons, international arms control law currently does little to regul...
05/06/2020
How to Mitigate the Risk of Hypersonic Weapons

Despite the destructive capability of #hypersonic weapons, international arms control law currently does little to regulate their development, testing, or production.

John Hursh on today's state of play:

There is a lack of political will to pursue policies and to uphold international agreements that prohibit or limit such weapons.

Curated summary of up-to-the-minute national security developments at home and abroad.https://www.justsecurity.org/70030...
05/06/2020
The Early Edition: May 6, 2020 - Just Security

Curated summary of up-to-the-minute national security developments at home and abroad.

https://www.justsecurity.org/70030/the-early-edition-may-6-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS At least 1.2 million cases of the novel coronavirus have been recorded in the U.S.,...

#Egypt’s security services continue to detain and torture children while #coronavirus sweeps through the Middle East. Ay...
05/05/2020
Coronavirus Adds Urgency to Ending Egypt’s Detention and Torture of Children

#Egypt’s security services continue to detain and torture children while #coronavirus sweeps through the Middle East.

Aya Hijazi of بلادي جزيرة الإنسانية Belady-Island for Humanity and Bill Van Esveld of Human Rights Watch share children’s stories and discuss U.S. obligations and options.

Conditions for Egypt's detained children are ripe for a public health crisis. The U.S. must step up pressure on Egypt to end its abuses of detainees' rights and the routine use of detention against children.

"There were many paths open to congressional Republicans in how they addressed the impeachment process. Very few chose #...
05/05/2020
Ratcliffe’s Radical Positions During the Impeachment Proceedings

"There were many paths open to congressional Republicans in how they addressed the impeachment process. Very few chose #Ratcliffe’s approach."

Ryan Goodman and Danielle Schulkin's deep look at what was learned about Ratcliffe since his prior nomination for DNI ended in August 2019.

"There were many paths open to congressional Republicans in how they addressed the impeachment process. Very few chose Ratcliffe’s approach."

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
05/05/2020
The Early Edition: May 5, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/70014/the-early-edition-may-5-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS The global coronavirus death toll passed the quarter million mark yesterday, with m...

History shows how unilateral #COVID19 ceasefire declarations might be turned into effective and durable negotiated agree...
05/04/2020
“Corona Ceasefires”: An Opportunity for Negotiated Agreements?

History shows how unilateral #COVID19 ceasefire declarations might be turned into effective and durable negotiated agreements.

Asli Ozcelik Olcay at the Glasgow Centre for International Law and Security at University of Glasgow explains:

#coronavirus #ceasefire

Asli Ozcelik Olcay explains how unilateral pandemic-related ceasefires might be transformed into broader negotiated peace agreements.

The Looming Crisis of Emergency Powers and Holding the 2020 Presidential ElectionBy Mark Medish, served in The White Hou...
05/04/2020
The Looming Crisis of Emergency Powers and Holding the 2020 Presidential Election

The Looming Crisis of Emergency Powers and Holding the 2020 Presidential Election

By Mark Medish, served in The White House during Clinton Administration
Joel McCleary, served in The White House during Carter Administration

#Election2020 #Democracy

A road map to how Trump could use presidential powers to suppress turnout, postpone, or contest election — and what Americans can do about it.

Former White House officials—Robert Malley and Stephen Pomper—challenge colleagues who argue elevating status of pandemi...
05/04/2020
The Perils of Hyping Pandemic Response as a National Security Issue

Former White House officials—Robert Malley and Stephen Pomper—challenge colleagues who argue elevating status of pandemic response will solve deep problems in national security policy.

In conversation with Oona Hathaway, Samantha Power, Ben Rhodes, Katrina vanden Heuvel, and others.

Two former NSC officials challenge colleagues who argue that U.S. national security policy places too much emphasis on counter-terrorism and not enough on climate change and infectious disease. Malley and Pomper agree that the counterterrorism policy is way off-kilter, but this is not the way to res...

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
05/04/2020
The Early Edition: May 4, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/70003/the-early-edition-may-4-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS Global coronavirus cases have surpassed 3.5 million with more than 247,000 deaths, ...

Authors of the week include:🔹Ambassador of Mexico to UN🔹US Ambassador (ret.) and former head, UN Agency for Palestine Re...
05/02/2020
Recap of Recent Articles on Just Security (April 27-May 1)

Authors of the week include:

🔹Ambassador of Mexico to UN
🔹US Ambassador (ret.) and former head, UN Agency for Palestine Refugees
🔹former Acting Attorney General
🔹former Acting FBI Director
🔹UN Special Rapporteur on counterterrorism and human rights

Table of Contents:

1. COVID-19

a. Online Resource: Timeline

Timeline of the Coronavirus Pandemic and U.S. Response (Updated)
by Ryan Goodman and Danielle Schulkin

b. Diplomacy

Mexico’s Initiative to Ensure Global Access to Medicines, Vaccines and Medical Equipment to Face COVID19
by Pablo Arrocha Olabuenaga and Ambassador H.E. Juan Ramón de la Fuente

Pandemics and the Need for Global Governance
by Barry Kellman

c. Public Health and Governance

Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
by James G. Hodge, Jr.

As the U.S. Risks Reopening for Business, Technology Alone Won’t Stop the Coronavirus
by Lauren Sarkesian

d. Emergency Powers (part of a series)

Coughing into the Crowd: Bolsonaro’s Botched COVID-19 Response
by Jocelyn Getgen Kestenbaum

e. Access to Information

Broadcasters and Trump’s False Information on Coronavirus: What Role for the FCC?
by Joel Timmer

f. Immigration

Trump’s COVID-19 Immigration Proclamation May Be Legal, But It’s Still an Abuse of Power
by Adam Cox and Cristina Rodríguez

g. Countering Violent Extremism
Terrorism During a Pandemic: Assessing the Threat and Balancing the Hype
by Jessica Davis

2. U.S.-Israel

Trump’s “Deal of the Century” is Bibi’s Dream Come True
by Ambassador Peter Mulrean (ret.)

Ukrainegate/2020 election

Keeping an Eye on the Hand of Justice: Bill Barr and Targeting Joe Biden
by Stuart M. Gerson and Kristy Parker

3. Surveillance/Intelligence Community

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance
by Elizabeth Goitein, Andrew G. McCabe, Mary B. McCord and Julian Sanchez

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again
by Elizabeth Goitein

4. Autocracies (Hungary, Poland)

The EU Should Quarantine its Autocrats
by Austin Doehler

5. Countering Violent Extremism

Why Preventing and Countering Violent Extremism Law and Practice Is Failing a Human Rights Audit
by Fionnuala Ní Aoláin

6. Rule of Law

Law Day and the Need for Virtue in Government Lawyering
by Joshua Geltzer

7. Venezuela

How to Hold Venezuela’s Maduro Accountable for Human Rights Abuses
by Gissou Nia and Rodrigo Diamanti

8. Hong Kong-China

Can We Finally Admit That “One Country, Two Systems” Is Dead in Hong Kong?
by Alvin Y.H. Cheung

9. United Nations

National Security at the United Nations This Week (April 25-May 1)
by Randle DeFalco

Coronavirus, U.S.-Israel, 2020 election, surveillance/Intelligence Community, autocracies of Hungary and Poland, Countering Violent Extremism, Venezuela, Hong Kong-China, and more

The World Health Organization (WHO) casts doubt on #coronavirus “immunity passports.” New atrocities alleged in #Myanmar...
05/01/2020
National Security at the United Nations This Week (April 25-May 1)

The World Health Organization (WHO) casts doubt on #coronavirus “immunity passports.”

New atrocities alleged in #Myanmar.

The International Labour Organization estimates half the global workforce may lose #jobs to the #pandemic.

And UN High Commissioner for Human Rights Michelle Bachelet cites the spread of “toxic lockdown culture.”

That and more U.N. news this week:

#UnitedNations

The latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security, human rights, and the rule of law.

Brazil’s Bolsonaro has fought against critical public-health measures to combat #COVID19. Cardozo Law Institute in Holoc...
05/01/2020
Coughing into the Crowd: Bolsonaro’s Botched COVID-19 Response

Brazil’s Bolsonaro has fought against critical public-health measures to combat #COVID19.

Cardozo Law Institute in Holocaust and Human Rights Director Jocelyn Getgen Kestenbaum explains how Bolsonaro’s failures undermine both public health and democracy and human rights in Brazil.

Jocelyn Getgen Kestenbaum analyzes the risks created by President Bolsonaro's failure to prepare Brazil for the COVID-19 pandemic

The global system for defeating contagion failed with regard to #COVID19.A new international organization is needed with...
05/01/2020
Pandemics and the Need for Global Governance

The global system for defeating contagion failed with regard to #COVID19.

A new international organization is needed with authority to detect and diagnose an outbreak.

From Barry Kellman:

A new international organization is needed with primary authority to identify risks of contagious disease as early as possible.

Buried in a report released yesterday by ODNI is information about FBI non-compliance with a major statutory requirement...
05/01/2020
ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

Buried in a report released yesterday by ODNI is information about FBI non-compliance with a major statutory requirement while conducting surveillance. #FISA

Brennan Center for Justice at NYU Law's Elizabeth Goitein:

Buried in the ODNI's 2019 statistical transparency report—released Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously reported.

"This #LawDay demands that we also pay attention to a very different set of actions by lawyers within the Trump period."...
05/01/2020
Law Day and the Need for Virtue in Government Lawyering

"This #LawDay demands that we also pay attention to a very different set of actions by lawyers within the Trump period."

By Josh Geltzer (Georgetown Law)

"This Law Day demands that we also pay attention to a very different set of actions by lawyers within the Trump period."

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
05/01/2020
The Early Edition: May 1, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/69970/the-early-edition-may-1-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS More than a million people have now recovered from coronavirus infection, with the ...

The President may have power to suspend #immigration given the Supreme Court's green light. The key question is about ab...
04/30/2020
Trump’s COVID-19 Immigration Proclamation May Be Legal, But It’s Still an Abuse of Power

The President may have power to suspend #immigration given the Supreme Court's green light. The key question is about abuse of that power.

— write top immigration and presidential power scholars Adam Cox (NYU School of Law) and Cristina Rodriguez (Yale Law School).

The president may have power to suspend immigration given the Supreme Court's green light. The question is about abuse of that power.

"In the same way that someone who is infected with the virus should be physically quarantined, the EU should quarantine ...
04/30/2020
The EU Should Quarantine its Autocrats

"In the same way that someone who is infected with the virus should be physically quarantined, the EU should quarantine its autocratic member states, both politically and financially."

From Austin Doehler at Penn Biden Center for Diplomacy and Global Engagement:

Exploitation of emergency powers in Hungary and Poland poses a significant challenge for the EU.

Ambassador Peter Mulrean (ret.) writes about the state of play inside #Israel and the window #Netanyahu now has for anne...
04/30/2020
Trump’s “Deal of the Century” is Bibi’s Dream Come True

Ambassador Peter Mulrean (ret.) writes about the state of play inside #Israel and the window #Netanyahu now has for annexing #WestBank and burying Oslo Accords.

Ambassador Peter Mulrean (ret.) writes about the state of play inside Israel and the window PM Netanyahu has for annexing the West Bank and burying the Oslo Accords.

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
04/30/2020
The Early Edition: April 30, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/69949/the-early-edition-april-30-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS U.S. deaths from Covid-19 topped 60,000 yesterday, surpassing a previous White Hous...

Proposals to reopen the US economy often involve some kind of #Bluetooth-enabled app for #ContactTracing. Lauren Sarkes...
04/29/2020
As the U.S. Risks Reopening for Business, Technology Alone Won't Stop the Coronavirus

Proposals to reopen the US economy often involve some kind of #Bluetooth-enabled app for #ContactTracing.

Lauren Sarkesian of New America's Open Technology Institute cautions: Those plans have some big missing pieces.

Bluetooth contact-tracing apps could be a tool for returning to some version of normal, but only within limits and with robust safeguards,

Bill Barr versus Joe BidenBy former Acting Attorney General Stuart Gerson (served with Barr in the George HW Bush admini...
04/29/2020
Keeping an Eye on the Hand of Justice: Bill Barr and Targeting Joe Biden

Bill Barr versus Joe Biden

By former Acting Attorney General Stuart Gerson (served with Barr in the George HW Bush administration); and
Kristy Parker (15-year DOJ career)

The authors warn of the weaponization of the Justice Department in 2020 presidential election.

When President Trump was elected, one of the most compelling fears expressed by many was that he would use the vast law enforcement powers of the Department of Justice to try to crush political opponents and manipulate elections, mortally damaging our democracy. After all, the President had, during....

Mexico’s Ambassador and Legal Adviser to United Nations write about the “silent procedure” for passing a #UNGA resolutio...
04/29/2020
Mexico’s Initiative to Ensure Global Access to Medicines, Vaccines and Medical Equipment to Face COVID19

Mexico’s Ambassador and Legal Adviser to United Nations write about the “silent procedure” for passing a #UNGA resolution on #COVID19 and the mandate now created by this first action-oriented resolution to address the pandemic.

By H.E. Juan Ramón de la Fuente and Pablo Arrocha Olabuenaga

Mexico’s Ambassador to the United Nations and Mexico’s Legal Adviser coauthor an essay to explain the “silent procedure” for passing a General Assembly resolution on COVID-19 and the mandate now created by this first action-oriented resolution to address the pandemic.

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours: https://...
04/29/2020
The Early Edition: April 29, 2020 - Just Security

Today’s Early Edition, a curated guide to major national security news and developments over the past 24 hours:

https://www.justsecurity.org/69923/the-early-edition-april-29-2020/

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. CORONAVIRUS Confirmed cases of Covid-19 in the United States hit the grim 1 million milestone...

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Spicer on 12/29 Flynn-Kislyak Call
Spicer on 12/29 Flynn-Kislyak Call

NYT now reporting that Sean Spicer received KT McFarland's Dec. 29 email about Flynn's call w/ Kislyak on sanctions. Then why did Spicer tell the press on Jan. 23 that Flynn's call was about "holiday greetings"? VIDEO CLIP:

WATCH: Ryan Goodman (NYU School of Law) asks Pablo de Greiff (United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Non-Recurrence) about holding govt officials responsible for the CIA's torture. #CIA #Torture #UN #TortureReport #Congress #Accountability

In case anyone doubts the potential for an expansive interpretation of “associated forces” in the draft AUMF, take a look at this exchange from a hearing before the Senate Intelligence Committee. Sen. Roy Blunt (Rep-MO) questioned U.S. National Counterterrorism Center Dir. Nicholas Rasmussen on the scope of the associated forces language in the President’s #ISIL #AUMF proposal. Check out the full exchange + an analysis of the exchange by Ryan Goodman (JS Co-Editor-in-Chief and Co-Chair of the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law).

Just Security's Jen Daskal Identifies 3 Major Flaws of Proposed ISIL AUMF
Just Security's Jen Daskal Identifies 3 Major Flaws of Proposed ISIL AUMF

American University Washington College of Law Professor & Just Security Executive Editor Jennifer Daskal highlights three flaws in the president's proposed AUMF against ISIL: failure to sunset the 2001 AUMF, failure to specify new AUMF as sole authority for going after ISIL, and use of broad language that justifies use of force against so-called "associated forces" of ISIL. #War #AUMF #ISIL

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We are an online forum for the rigorous analysis of law, rights, and U.S. national security policy. We aim to promote principled and pragmatic solutions to the problems facing decision-makers. Our Founding Editors include individuals with significant U.S. government experience, civil society attorneys, legal academics, and other thought leaders.

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