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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4,711 Articles
A RIM-7 NATO Sea Sparrow Missile (NSSM) is fired from the forward launcher aboard Wasp-class amphibious assault ship USS Essex (LHD 2) during a live-fire exercise.

Revisiting the Office of Legal Counsel’s Override Opinion

A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.

How to Restore Ethics to the U.S. Department of State

The task demands accountability for the ethical scandals that have occurred at State during the Trump administration and a public commitment to rebuilding the infrastructure, including…
Migrants are taken insidethe El Paso County detention facility by a Customs and Border Protection agent on June 12, 2019 in El Paso.

The Urgent Need to Restore Independence to America’s Politicized Immigration Courts

Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

The Future of U.S. Foreign Intelligence Surveillance

Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…

Why Trump Should Not Have Access to U.S. Intelligence After January 20

Since 2015, when he first declared he was running for president, Donald Trump has posed a major national security risk, one that the American people will continue to bear well…
US President-elect Joe Biden and Vice President-elect Kamala Harris stand onstage after delivering remarks in Wilmington, Delaware, on November 7, 2020, after being declared the winners of the presidential election.

The GSA’s Delay in Recognizing the Biden Transition Team and the National Security Implications

Why the absence of a concession and existence of litigation are no excuse for the GSA under the Presidential Transition Act to delay any further, and the immense national security…
US President-elect Joe Biden and Vice President-elect Kamala Harris stand onstage greeting the crowd in Wilmington, Delaware, on November 7, 2020, after being declared the winners of the presidential election.

Turning the Page: A Biden Presidency and the Role for Us

From our editors-in-chief and editorial director.
Executive Orders regarding trade lay on the Resolute desk in the Oval Office of the White House March 31, 2017 in Washington, DC.

Destroying Federal Documents During a Presidential Transition Is a Federal Crime

Destroying or stealing documents belonging to the United States government is a crime.
National Guard soldiers patrol the streets of Philadelphia the morning after Americans voted in the presidential election on November 04, 2020 in Philadelphia, Pennsylvania.

Initial Risk Assessment for U.S. Post-Election Violence

President Donald Trump's false statements about the results are the primary driver for the increased threat of post-election violence.
A chart measuring media and social media mentions of mail-in voting or absentee balloting and fraud or election rigging from March 1, 2020 to August 31, 2020. The y axis is measured as a percent ranging from 0% to 900% and the x axis is a measure of time with markers for every seven days. The line measuring “tweets compared to mean” has the largest peaks on approximately 4/7, 5/11, 5/23, 5/27, 6/23, 6/28, and 7/12. The graph also shows images of Trump’s tweets and screenshots from news stations.

Six Disinformation Threats in the Post-Election Period

Those seeking to sow discord may be keeping their powder dry until after November 3rd.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 23: Rebuild and Renew the Diplomatic Corps

Last in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Trump makes a statement in the Rose Garden about the ongoing unrest across the nation on June 1, 2020 in Washington, DC.

Politicizing the Civil Service: How a New Executive Order Destabilizes the U.S. Government

President Donald Trump unveiled a stunning executive order that threatens to undermine one of the most important aspects of American government: the professional civil service.…
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