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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4,605 Articles
Military vehicles cross Westminster Bridge after members of the 101 Logistic Brigade of the British Army delivered a consignment of medical masks to St Thomas' hospital on March 24, 2020 in London, England.

Coronavirus Legislative Responses in the UK: Regression to Panic and Disdain of Constitutionalism

Despite having finely-honed legislative models, the Unite Kingdom regressed to panic mode when faced with the COVID-19 pandemic.
People ride on bicycles past the Altare della Patria monument in central Rome on May 10, 2020.

Italy and COVID-19: A Call for an “Italian Emergency Constitution”?

The ongoing health crisis triggers consideration of the lack of an articulated emergency framework in the Italian Constitution, and whether existing tools are suitable to face…
Smoke billowing from a sentry box at an entrance of the embassy in the capital Baghdad, after supporters and members of the Hashed al-Shaabi military network breached the outer wall of the diplomatic mission during a rally to protest air strikes that killed pro-Iran fighters in western Iraq.

Why No One Ever Really Wins a Proxy War

The harms outweigh the perceived benefits, short-term and long-term, says a recent study from an expert working group convened by the American Bar Association Center for Human…
flags of Department of Justice and USA

DC Needs a New U.S. Attorney

Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.
Police officers (R) stand guard at an entrance of a high school as senior students enter school in Wuhan in China's central Hubei province on May 6, 2020.

Emergency Powers in the Time of Coronavirus…and Beyond

There is much we still do not know about COVID-19, but there is also much that we do know. We know we are dealing with a highly transmissible virus that can spread easily from…
Afghan men gather near the road as a military convoy by soldiers from the 1st Platoon, 1-64 Armoured Batallion, US Army - operating under NATO - roll-past security patrols at Morghan-Kecha village in Daman district, Kandahar on September 6, 2012.

Here’s What the New DoD Policy on Civilian Harm Should Include

It should standardize good practice and set the bar where it belongs: safeguarding civilian life from the effects of U.S. military operations.
US Army from NATO and Afghan commando forces at a checkpoint during a patrol against Islamic State militants at the Deh Bala district in the eastern province of Nangarhar Province. There are multiple vehicles around the checkpoint.

Grading DOD’s Annual Civilian Casualties Report: “Incomplete”

The new information demonstrates how much progress the department has made and yet how much of a paradigm shift is still needed for full accountability.
Electronics Technician 2nd Class Hao Lienh, assigned to Commander Task Force 56, wears a face mask and stands watch on a Mark VI Patrol Boat before a weapons sustainment exercise in the Arabian Gulf, April 16, 2020.

Iranian Gunboat Harassment and the Rules of Engagement

What to make of Trump's order to “shoot down and destroy” lranian boats that harass US vessels. International law and Standing Rules of Engagement place significant limits.
William Barr on Fox News April 9 2020. The caption on the screen reads, “Atty Gen Barr on Status of Durham Investigation.”

Barr Ignores Settled Justice Department Policies in Run-Up to 2020 Elections

Apparently seeking to support false claims about the Russia investigation and the president's reelection bid, the attorney general flouts long-settled DOJ policy.
U.S. Treasury Department Assistant Secretary for Terrorist Financing Marshall Billingslea speaks during an Organization of American States meeting on state corruption and human rights violations in Venezuela at the organization's headquarters March 01, 2019 in Washington, DC.

Lessons From a Torture Advocate’s Failed Bid for a Key Human Rights Position

As society continues to grapple with the coronavirus pandemic, most news has been gloomy. But there have been positive developments, and among them is a rare story of accountability…
Rep. Jim Jordan, (R-OH) speaks to Rep. John Ratcliffe (R-TX) during break during a House Judiciary Committee hearing questioning staff lawyer Stephen Castor, representing the minority Republicans, and staff lawyer Daniel Goldman, representing the majority Democrats, in the Longworth House Office Building on Capitol Hill December 9, 2019 in Washington, DC.

Ratcliffe’s Radical Positions During the Impeachment Proceedings

"There were many paths open to congressional Republicans in how they addressed the impeachment process. Very few chose Ratcliffe’s approach."
Trump sits during a meeting to sign executive orders in the Hall of Heroes at the Department of Defense on January 27, 2017.

The Looming Crisis of Emergency Powers and Holding the 2020 Presidential Election

A road map to how Trump could use presidential powers to suppress turnout, postpone, or contest election — and what Americans can do about it.
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