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
The Courtroom of the European Court of Human Rights in Strasbourg with empty chairs. A banner at the front reads, “European Court of Human Rights” and the carpet in front of the bench shows the circle of stars against blue such as is on the European Union flag.

The Méndez Principles: A Focus on the Exclusionary Rule

To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.
Facebook co-founder, Chairman and CEO Mark Zuckerberg testifies before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill April 11, 2018 in Washington, DC.

A Deeper Dive: Facebook’s Response to Oversight Board on Trump May Be Less Than It Appears

A deeper dive shows the company is not ready to engage with the board's most far-reaching recommendations,
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

How the Biden Administration Should Take Torture-Derived Evidence Off the Table

In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
A dark room with a table, chairs, and a camera on a tripod. A briefcase and photographs are spread out on the table.

The Méndez Principles: Sharpening the View on Interrogation and Utilitarianism

Philosopher-jurist Jeremy Bentham's “ticking bomb scenario,” often cited to justify torture, has spawned wild misconceptions.
A flag waves in front of the U.S. Capitol building.

Biden’s Support of 2002 AUMF Repeal: The Start of a Long Overdue Conversation

On Monday, President Joe Biden, like President Obama two terms before him, officially embraced repeal of the outdated 2002 Authorization for Use of Military Force with a Statement…
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Marines grab a blindfolded Japanese prisoner of war while disembarking from a submarine returned from war patrol.

The Méndez Principles: Building Rapport and Trust in Interrogations to Elicit Reliable Information

The demonstrated effectiveness of evidence-based methods strengthens the argument against torture and ill-treatment.
Noxious weeds grow around a Lake Mendocino boat ramp as the water level dropped to 29% capacity on June 2, 2021, near Ukiah, California.

A Pandemic Isn’t the Only Kind of “Catastrophic Risk.” It’s Time to Prepare More Seriously for the Next.

If any good is to come of this crisis, it must be an increased awareness of America’s vulnerability -- and what it takes to prepare.
An exterior view of the building of US Department of the Treasury is seen on March 27, 2020 in Washington, DC.(Photo by OLIVIER DOULIERY/AFP via Getty Images)

Sanctions Law Needs Reform, But How?

Determining how the International Emergency Economic Powers Act (IEEPA) can be improved while preserving its value as a flexible instrument of foreign policy is daunting.
Peace activists wearing masks of Putin and Biden pose with mock nuclear missiles in front of the US embassy in Berlin on January 29, 2021 in an action to call for more progress in nuclear disarmament. One activist holds a sign reading, “Treaty between the United States of America and the Russian Federation on Measures for Further Reduction and Limitation of Strategic Offensive Arms.”

Why Biden and Putin Should Restart Talks on Strategic Stability and Nuclear Arms Control

Their summit is pivotal to begin reducing the growing risk of nuclear conflict and get back on track to pare excessive, dangerous stockpiles,
FBI Director Christopher Wray testifies during a House Judiciary Committee oversight hearing on Capitol Hill June 10, 2021 in Washington, DC.

Questions for FBI Director Wray About the January 6 Attack

Former FBI General Counsel Andrew Weissmann and Ryan Goodman drafted 10 lines of inquiry for Wray in advance of Tuesday's hearing.
Lt. Gen. John Kimmons, U.S. Army, holds up a copy of the Army Field Manual, FM 2-22.3, Human Intelligence Collector Operations as he briefs reporters on the details of the manual in the Pentagon on Sept. 6, 2006.

The Méndez Principles: The Need to Update the Army Field Manual on Interrogation for the 21st Century

Defense Secretary Austin should convene an expert panel to ensure that methods used are informed by current science.
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