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
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

We Can’t “Look Forward” on the Trump Administration’s Abuses

When President-elect Joe Biden takes office in January, he will confront a national economic crisis and a still out-of-control pandemic. He will also face questions about how to…
The cap of the United States Capitol Building

The Failed Transparency Regime for Executive Agreements

This article is cross-posted at Lawfare.   In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998…
Ethiopian refugee grade four pupils who fled the Tigray conflict attend class at a makeshift classroom set by the Norwegian Refugee Council (NRC) at Um Raquba refugee camp in Gedaref, eastern Sudan, on December 7, 2020. One child squats on the ground surrounded by shoes while the others sit on a blanket. The children hold books and papers in their laps.

Protecting Ethiopian Refugees — and Averting the Next Crisis

Refugee crises often seem to emerge out of nowhere. All of a sudden, people are streaming across borders, making the excruciating choice that is no choice at all: to flee home…
Police shoot tear gas at demonstrators protesting police brutality and the murder of George Floyd. Protestors run in a panic to escape the tear gas outside St. John's Episcopal Church outside the White House. The police wear full riot gear including helmets, face shields, body shields, batons and masks. June 1, 2020 Washington DC

Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly

Five actions the Biden administration can take to better protect the right to peaceful assembly.
Silhouettes of Patrick Zaki, an Egyptian postgraduate student at the University of Bologna, Italy, who has been detained in Egypt since February 7, 2020, sit on every chair placed in the Aula Magna of the University Library of Bologna. The silhouettes are drawn by the artist Gianluca Costantini in action to demand the immediate release of Patrick. July 16, 2020

Biden’s Global Priority No. 1: Turn the Authoritarian Tide

Any other challenge will be exponentially harder to address as long as authoritarian leaders and the militarized systems that support them have free rein.
Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization (WHO), holds a virtual briefing on the COVID-19 pandemic. His briefing is viewed on an iPad, and a separate computer screen behind the iPad shows a 3-D rendering of the coronavirus with the words, “Coronavirus (COVID-19)”

COVID-19 and International Law Series: WHO’s Pandemic Response and the International Health Regulations

[Editor’s Note: This article is part of a Just Security series, COVID and International Law. All articles in the series can be found here.] International law has long regulated…
The White House, Washington, D.C.

Addressing Our Whole-of-Government Deficit in National Security

From Russ Travers who retired in July 2020 after a 42-year career in the Intelligence Community, having served in senior positions across multiple intelligence organizations --…
Supreme Court Building

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory

The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…
Robert H. Jackson’s opening statement at the Nuremberg Trials.

A Commander’s Duty to Punish War Crimes: Past U.S. Recognition

A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
: Director of National Intelligence nominee Avril Haines speaks after being introduced by President-elect Joe Biden as he introduces key foreign policy and national security nominees and appointments at the Queen Theatre on November 24, 2020 in Wilmington, Delaware.

How to Revitalize the Intelligence Community: A Long, But Essential To-Do List

The president-elect and his DNI should act promptly and assertively to reverse Trump’s mistreatment, revitalize Community morale, and, through aggressive but prudent investment…
$100 US bills being printed. The bills have not yet been cut and appear to be in book form with multiple bills on each sheet.

Global Kleptocracy as an American Problem

Putting an end to the spread of corruption from kleptocratic autocracies into the United States will be one of the most significant challenges for the incoming administration.
US Secretary of State John Kerry and Norwegian Foreign Minister Borge Brende tour Ny-Alesund Village, the northernmost civilian settlement in the world, before visiting Blomstrand Glacier, on June 16, 2016, in Ny-Alesund, Norway.

Climate Change as a National Security and Foreign Policy Priority: Opportunities and Challenges for the Next Administration

Policy recommendations to enhance the Biden-Harris administration’s ability to play a constructive role in addressing climate change as part of the United States’ defense,…
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