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.
4,757 Articles
How New Congress Can Shine Light on Trump Era and Persisting Abuses
Three kinds of information Congress should get from Biden administration.
The Promises of FOIA in 2021: A Ready Pathway to Accountability
It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”
The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…
Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…
Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War
Editor’s note: Originally published on May 25, 2019; with an author’s note published on Dec. 24, 2020. Author’s note, Dec. 24, 2020: Not all corrupt pardons…
Military Families are Gunning for Peace this Holiday Season
I share my family’s story to underline the urgency behind avoiding war with Iran. We’ve become a nation that engages in wars of choice. We cannot continue down this current…
SolarWinds as a Constitutive Moment: A New Agenda for the International Law of Intelligence
The SolarWinds hack could trigger fundamental changes in legal thought and state practice. Asaf Lubin sets out what that agenda can and should look like.
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Let’s Not “Fight Like Hell” Without a Strategy: At the VA, Put First Principles First
As the Department of Veterans Affairs (VA) reels from scandal, President-elect Joe Biden’s nominee for secretary of veterans affairs, Denis McDonough, promises to “fight like…
Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.
There's ample precedent (the investigations of Bill Clinton's pardons) and ample reason for Congress and the Department of Justice to launch investigations into President Trump's…
Shifting Norms About Secretary of Defense Has Long-Term Consequences: On the Austin Nomination
Even if retired Gen. Lloyd Austin handles the job of defense secretary perfectly, his nomination alone still has long-term consequences, eroding the norm of civilian control by…
Criminalizing Foreign Relations: How the Biden Administration Can Prevent a Global Arrest Game
The U.S. President is undoubtedly the chief U.S. diplomat, but is he or she also the chief prosecutor? Donald Trump clearly thinks so, stating once his grave misunderstanding that…