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
People sit and work at large metal desks at U.S. Army Cyber Command headquarters

Cyberattack Attribution and International Law

Earlier this week, the U.S. Department of Justice unsealed an indictment accusing two men linked to China’s Ministry of State Security of a decade-long campaign of hacking dissidents,…
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.

The President’s Private Army

How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
A phone showing Trump's racist tweet on May 29th, "when the looting starts, the shooting starts" and Twitter's statement that the tweet violated Twitter's rules about glorifying violence.

The Short Fuse: Autocrats, Hate Speech and Political Violence

“When the looting starts, the shooting starts.” It took three and a half years into his presidency, but Twitter finally flagged one of President Donald Trump’s tweets as…
Statue of Lady of Justice in front of Courthouse

Why 27 Distinguished DC Lawyers Filed a Complaint with Bar Association Against Attorney General Barr

Non-partisan group files an ethics complaint with the DC Bar Association against Attorney General William Barr. The former Attorney General of Massachusetts describes the initiative…
Soldiers handing out water and supplies during Operation HAWKEYE

Bill Barr’s Playbook: His False Claims About Prior Military Force on U.S. Soil

The Insurrection Act, Operation Hawkeye and what really happened
USTR Robert Lighthizer swears in Deputy USTR C.J. Mahoney, who is accompanied by his wife Becca.

Questions the Senate Should Ask State Legal Adviser Nominee CJ Mahoney

The State Department Legal Adviser is the most senior U.S. lawyer responsible for ensuring the United States upholds its international legal obligations, which is now, more than…
A demonstrator holds a sign that read 'Peace and dialogue' as women from different parts of Ecuador march through the streets of Quito to ask for peace and to repeal the economic measures taken by President of Ecuador Lenin Moreno on October 12, 2019 in Quito, Ecuador.

Trump Administration’s Women, Peace and Security Plans: Blueprint for Action or Empty Promises?

The president and his officials take many actions diametrically opposed to these plans. But Congress and civil society can keep the pressure on.
Federal officers use tear gas and other crowd dispersal munitions on protesters outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

Portland’s Pretext: Barr’s Long History Manipulating Law to Put Federal Forces on U.S. Streets

In a 2001 interview, Bill Barr boasted that he came up with the idea in 1989.
Circuits

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Trump waves as he and US Senator Ron Johnson, Republican of Wisconsin, disembark from Air Force One upon arrival at Green Bay Austin Straubel International Airport in Green Bay, Wisconsin, April 27, 2019, as he travels to hold a Make America Great Again rally.

The Life and Adventures of Ron Johnson: His Journey Through “Multiple Untruths” to the Fable of Obamagate

The Lugar Center is a fairly recent addition of the sort of traditional institute in Washington that prevailed before Donald Trump. Its mission is to advance an internationalist…
U.S. Assistant Attorney General for Antitrust Makan Delrahim testifies before the Senate Judiciary Committee during an oversight hearing on the enforcement of antitrust laws in the Dirksen Senate Office Building on Capitol Hill October 03, 2018 in Washington, DC.

What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower

"Delrahim, in particular, should be asked by Congress and reporters about this apparent omission in the letter he submitted to the House Judiciary Committee."
Thurgood Marshall Courthouse

Suing Foreign States in U.S. Courts

Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…
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