Executive Branch

Just Security’s expert authors provide analysis of the U.S. executive branch related to national security, rights, and the rule of law. Analysis and informational resources focus on the executive branch’s powers and their limits, and the actions of the president, administrative agencies, and federal officials.

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4,757 Articles
A Taliban fighter with a gun patrols along a street in Kabul on August 17, 2021. The flag of the Taliban stands in a traffic cone at a vehicle checkpoint.

Expert Backgrounder: Recognition and the Taliban

An expert analysis of the international law of recognition of governments, and four diplomatic options states have in addressing the Taliban takeover of Afghanistan.
A Taliban fighter holds a rocket-propelled grenade (RPG) along the roadside in Herat, Afghanistan's third biggest city, after government forces pulled out the day before following weeks of being under siege. People walk along the sidewalk in the background. August 13, 2021

In Afghanistan, Lest We Forget

As the UN Security Council hosts an emergency meeting, world leaders must understand what the abandonment of the Afghan people involves.
Afghan Special Immigrant Visa (SIV) applicants crowd into the Herat Kabul Internet cafe applying for the SIV program on August 8, 2021 in Kabul, Afghanistan. Someone holds a small sign to the camera reading, “To the attention of Janus/Sterling Former employees! For SIV and HR letter your queries please email to below emails address: [redacted emails] Avoid coming to our office! We cannot help you! Do not waste your time.”

Abandoning Afghan Allies: The Latest Chapter in Shameful History of US in Afghanistan

Existing US refugee and SIV programs are insufficient for Afghan refugee crisis. The US must massively expand programs to bring Afghans to safety.
An aerial view of the Mall in Washington DC. The US Capitol Building is seen at the end of the mall and the image shows the buildings surrounding the Mall as well. Many trees have bare branches as the date of the photo is November 21, 2008.

The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records

Unpacking the Office of Legal Counsel's opinion, how it lines up with past administrations, what it means for future congressional oversight.
A poster showing six wanted Russian military intelligence officers is displayed before a news conference at the Department of Justice, on October 19, 2020 in Washington, DC.

Cybercrime is Dangerous, But a New UN Treaty Could Be Worse for Rights

First proposed by Russia, this dangerous proposal has gained enough support at the United Nations for negotiations to begin early next year.
Attorney General nominee Merrick Garland testifies during his confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on February 22, 2021 in Washington, DC.

A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records

The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
The dome of the U.S. Capitol building is seen behind a barbed wire fence on January 14, 2021. The barbed wire was installed after the attempted coup on January 6, 2021.

GAO Faults DHS for Failing to Designate Jan. 6 as a Protected Event in Advance of Attack

DHS erroneously considered activities at the Capitol “routine congressional business” and failed to properly consider threat environment, GAO report says.
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
A member of the Belarusian diaspora in Ukraine, covered with a former national red and white flag of Belarus, stands next to a symbolic wreath to Aleksandr Lukashenko as he takes part in a rally outside Belarus embassy in Kiev on August 8, 2021. Police officers stand in front of a gated building.

`In Today’s Belarus, Living Outside of Politics is No Longer an Option’

The US and the EU must act swiftly, before more people are hurt or killed and before more damage is done to the credibility of democracy.
Deputy Attorney General Lisa Monaco speaks at the launch of the Justice Department's "five cross-jurisdictional trafficking strike forces" to staff from Alcohol, Tobacco and Firearms (ATF) and the Department of Justice at the ATF in Washington, DC, on 22 July, 2021.

Now the Important Part: Implementing DOJ’s Task Force on Election Worker Threats

"Having anything close to one-third of election workers fearing for their safety is simply unsustainable."
An Afghan National Army (ANA) soldier stands next to a damaged helicopter which was shot down by the Taliban near the hydroelectric Kajaki Dam in Kajaki, northeast of Helmand Province.

Running Out of Time – Do Not Leave Afghan Allies Behind

An Afghan interpreter shares the terror of being targeted by the Taliban, and urges swift evacuations.
Senate Committee on Foreign Relations Ranking Member Bob Menendez (D-NJ) speaks during at a Senate Committee on Foreign Relations hearing on US Policy in the Middle East on Capitol Hill on September 24, 2020 in Washington, DC.

Questions for Senators to Ask the Biden Administration at AUMF Hearing

Former State Department lawyer who knows all the ins and outs of authorizations for use of military force offers up questions for Congress to ask witnesses on Tuesday.
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