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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Cell room doors are seen at the Caroline Detention Facility in Bowling Green, Virginia, on August 13, 2018. - A former regional jail, the facility has been contracted by the US Department of Homeland Security Immigration and Customs Enforcement (ICE) to house undocumented adult immigrant detainees.

The U.S. Bears International Responsibility for Forced Sterilization of Women in ICE Detention

A sterilization performed without the patient’s prior, full, free, and informed consent is a human rights violation.
E Jean Carroll and Mary Trump

All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act

A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.
U.S. Attorney General William Barr removes his face mask before testifying to the House Judiciary Committee in the Congressional Auditorium at the U.S. Capitol Visitors Center July 28, 2020 in Washington, DC.

Bill Barr’s Misguided View of US History

His grumble that coronavirus-related restrictions constitute the greatest civil liberties violation since slavery ignores a litany of government abuses.
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries

A deep dive analysis of the constitutional and statutory limits on use of any armed force in connection with the 2020 election, civil unrest, and protests.
Pakistani children and activists carry placards during a peace walk to mark Human Rights Day in Karachi on December 9, 2012. Signs read, "Do you know your human rights?" and "Human Right #26 The Right to Education"

Reclaiming the Universal Declaration of Human Rights from the Pompeo Commission – Part 2

The panel's lengthy exegesis of the Declaration contains at least six glaring omissions that have real-world consequences.
A monitor displays the words Commission on Unalienable Rights behind Secretary of State Mike Pompeo as he speaks without a face mask during a news conference at the State Department in Washington,DC on July 15, 2020.

Reclaiming Human Rights from the Pompeo Commission – Part 1

Its report displays an interpretative sneakiness, invoking the “founding era” and “founding principles” in a highly selective and under-inclusive way.
Attorney General William Barr (C) speaks during a press conference on the shooting at the Pensacola naval base January 13, 2020 in Washington, DC.

Justifying Absolute Political Control over DOJ, Barr Promotes Myth of Unaccountable Career Prosecutor

Attorney General William Barr's inaccurate claims denigrating the ability and appropriateness of federal prosecutors to make certain litigation determinations are merely a fig…
Abortion rights activists rally in front of the US Supreme Court in Washington, DC, on May 21, 2019. Signs read, "Safe abortion is a human right" and "Keep abortion legal."

UN Experts to Trump Administration: Reproductive Rights are Human Rights

It is crucial to call out US efforts to undermine the UN human rights system and erase the well-established framework of rights protections.
Putin

Prepare for the Worst and Fight for the Best: A Citizen’s Guide to 2020 Electoral Interference

"Keeping in mind that one of the most effective ways to neutralize covert activity is to expose it, we hope that assessing Russia’s potential next moves will empower the electorate,…

Don’t Blame Privacy for Big Tech’s Monopoly on Information

As the prospect of antitrust charges against Facebook by the Federal Trade Commission (FTC) looms larger, regulators should challenge the concentration of data within Big Tech…
Acting Deputy Secretary of Homeland Security Ken Cuccinelli is sworn in before testifying to the Senate Judiciary Committee's Subcommittee on the Constitution about "anarchist violence" in the Dirksen Senate Office Building on Capitol Hill August 04, 2020 in Washington, DC.

At Least 15 Trump Officials Do Not Hold Their Positions Lawfully

As of September 2, there were at least 15 offices with acting officials even though the Federal Vacancies Reform Act time limit for those offices had expired.
I Voted By Mail sticker

Absentee Voting, the Military, and Our Democracy

States need significant additional federal funds to effectively implement voting by mail.
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