This Note explores how Congress can respond to a president who withholds non-covert intelligence operations from the congressional intelligence committees in violation of the National Security Act. This Note proposes a novel solution for Congress: the elevation of the Gang of Eight into a joint permanent select committee that is authorized to file suit on behalf of Congress. Congressional lawsuits are likely to be challenged on the basis of standing. Gang of Eight lawsuits could empower congressional leaders to meet a court’s standing analysis, allowing Congress to reassert its role in overseeing the intelligence community.
Note,
Yale Law School, J.D. 2021. Thank you to Oona Hathaway for her mentorship and encouragement. Additional thanks to Joshua Schenk, Gavin Jackson, Cara Newlon, Shana Hurley, and Charlie Crosby for their assistance and thoughtful editing. I am particularly grateful to Sarah Baldinger for her impeccable editing and support. All errors and omissions are my own.
