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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Former General Michael Flynn, President Donald Trump’s recently pardoned national security adviser, gives a thumbs up as he departs a protest of the outcome of the 2020 presidential election outside the Supreme Court on December 12, 2020 in Washington, DC. Trump supporters walk around him. Most, including Flynn, do not wear face masks.

What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations

Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
Superintendent Paul Basham, Dr Richard Stephenson, and Jane Andrews speak to the media at the Dunedin Central Police Station on May 11, 2021 in Dunedin, New Zealand.

The Méndez Principles: Emergence and Global Expansion of Non-Coercive Interviewing

Three national jurisdictions that have introduced legal and effective techniques demonstrate that change is possible and is already underway.
Flynn speaks to Trump supporters during a rally to overturn the election results outside the Supreme Court on December 12, 2020 in Washington, DC. The Trump supporters carry American flags, Trump flags and signs. Many take photographs or video with their phones.

Getting Real About General Flynn

At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
Officials inspect the damaged Karbala airport in the Iraqi shrine city, one of the areas targeted by US military air strikes. March 13, 2020

A Legacy of Unrecognized Harm: DoD’s 2020 Civilian Casualties Report 

The Pentagon report appears to defy the congressional requirement to report on civilian casualties “that were confirmed, or reasonably suspected, to have resulted in civilian…
Honduran soldiers and national police shoot tear gas at protesters nearby the presidential palace in Tegucigalpa on June 29, 2009. The police are in full riot gear with helmets, shields, and weapons.

Why Supporters of Democracy and Security Both Need to Care about Security Sector Governance

Too often, the United States ends up feeding well-intentioned assistance and training into an impervious, corrupt system that eats the aid and spits out further instability.
A guard tower is seen outside the fencing of Camp 5 at the US Military's Prison in Guantanamo Bay, Cuba on January 26, 2017.

The Méndez Principles: Science Shows Interrogation is Too Serious for Amateurs

Probing memory requires delicacy and care, because the method can change what the subject recalls -- and they wouldn't even be aware of it.
Belarusians living in Poland and Poles supporting them hold up paper planes during a demonstration in front of the European Commission office in Warsaw on May 24, 2021, demanding freedom for Belarus opposition activist Roman Protasevich a day after a Ryanair flight from Athens to Vilnius carrying the dissident journalist was diverted while in Belarusian airspace.

Tracking Transnational Repression: Next Steps for the State Department’s Human Rights Reports

The State Department's newest reporting on 'transnational repression' has much to offer, but also gaps, including on Saudi Arabia, Egypt, Thailand, and more.
UN Special Rapporteur for Torture Juan Mendez speaks during a press conference in Colombo on May 7, 2016.

The Méndez Principles: A New Standard for Effective Interviewing by Police and Others, While Respecting Human Rights

Former UN Rapporteur on Torture says interrogations that reject coercive and abusive methods and build rapport are necessary and achievable.
View of the former clandestine detention and torture centre -the Argentine Army Mechanics School (ESMA) Officers Casino- now turned into the Memory and Human Rights Place, during the 45 th anniversary of the military coup, in Buenos Aires on March 24, 2021.

The Méndez Principles: Leadership to Transform Interrogation via Science, Law, and Ethics

New guidance points the way to scientifically sound, lawful, human rights-compliant, and effective practices.
Nehemiah Frank holds his cousin David McIntye II as they stand in front of a mural depicting the violence of the Tulsa massacre and teaches him the history of the attack in the Greenwood district, on May 28, 2021 in Tulsa, Oklahoma.

Reckoning with State-Sanctioned Racial Violence: Lessons from the Tulsa Race Massacre

Top legal scholar outlines five "features of what a capacious commitment to democratic repair in the wake of state violence might mean" for Tulsa.
Asylum seekers from El Salvador and Honduras sit outside the El Chaparral border crossing on February 19, 2021 in Tijuana, Mexico. They wear face masks with the exception of the toddler, who appears to be too young for a face mask.

Asylum and the Three Little Words that Can Spell Life or Death

The U.S. Board of Immigration Appeals defines “particular social group” in a way that practically ensures the denial of asylum claims, especially for Central Americans. The…
Silhouettes of ROTC cadets against a clear blue sky with clouds.

What Do Future U.S. Generals Think About Dissent, Disobedience, and Resignation?

Survey research suggests respect for civilian-control appears to be the exception, not the norm, among a significant portion of the senior military officers who participated.
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