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
Mo Brooks talks at a podium with the sign “Save America” and gestures into the air. American flags stand on either side of him. He wears a red hat that says, “Fire Pelosi”

Swalwell v. Trump and the Legitimate Scope of Federal Employment

Expert who wrote that case law favors Trump in getting DOJ legal shield in E Jean Carroll case, writes why that doesn't apply in Jan. 6 lawsuits.
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
Medical workers wearing personal protective gear work to remove a body from the hospital outside of the Brooklyn Hospital on March 31, 2020 in New York City.

New Legislation Needed to Prepare for the Next Pandemic

A new bill would give the secretary of Health and Human Services a seat on the National Security Council, and more.
Supporters of Zhou Xiaoxuan, a feminist figure who rose to prominence during China’s #MeToo movement two years ago, display posters as they wait for Zhou outside the Haidian District Peoples Court in Beijing on December 2, 2020, in a sexual harassment case against one of China's best-known television hosts.

Feminist Foreign Policy: One Path Forward in U.S.-China Relations

The Biden-Harris administration can elevate the role of feminist organizations in China and the voices of women in both countries.
The secondary entry in the Department of Justice Building in Washington, DC. An American flag hangs above the entryway and words etched over the doorway read, “The place of justice is a hallowed place.”

Restoring Justice to DOJ

Healing Trump-era wounds at DOJ will require understanding the extent of the abuse and taking specific steps to prevent repetition.
People attend a "Fight4Her" pro-choice rally in front of the White House at Lafayette Square on March 29, 2019 in Washington, DC. Signs read, “Health Care is a Human Right;” “Reproductive Health and Rights for All;” and more.

For Health Security and Equity, Time to End the Global Gag Rule Once and For All

Biden rescinded the policy by executive order, in the latest reversal over successive administrations. Congress should end it permanently.
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

Extraterritorial Counterterrorism: Policymaking v. Law

The Biden administration's counterterrorism policy review is a crucial moment to evaluate the role of law versus policy and an opportunity to narrow the scope of the “ongoing…
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

Long-Withheld Office of Legal Counsel Records Reveal Agency’s Postwar Influence

The Knight Institute is publishing 14 indexes cataloging the titles of more than a thousand unclassified opinions authored by the OLC between 1945 and 1958.
South Korean soldiers remove landmines inside of the Demilitarized Zone (DMZ) on October 2, 2018 in Cheorwon, South Korea.

Undermining Norms? How the Antipersonnel Mine Ban Has Endured in US Policy

The Trump shift became more notable for what it did not lead to than for what it did. Now Biden has a chance to set US policy on the side of humanity.
to demand justice and expedite investigations,

Mexico’s Invisible Human Rights Crisis Intensifies

Standard US policy tropes drown out spiraling systemic abuses, including recent killings of activists and paramilitary violence.
Side by side photos of Guantanamo Bay and the DOJ.

What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process

"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
Police run through the streets with large guns, covered faces, helmets, and camouflage gear near the police station of Petion Ville after Haitian president Jovenel Moïse was murdered on July 08, 2021 in Port-au-Prince, Haiti. Bystanders take video or pictures with phones. Small fires burn in the street.

An Appeal to President Biden: Change Course on Haiti Now

The brazen assassination of serving President Moïse reinforces the need for the US to back Haitians in crafting their own future.
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