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
Police and military personnel in full riot gear stand blocking protestors at a demonstration protesting the Mount Rushmore National Monument and the visit of US President Donald Trump.

Congress Must Seize This Chance to Help Demilitarize Law Enforcement

A bipartisan Senate amendment would restrict the transfer of US military equipment to law enforcement, including items from bayonets to weaponized drones.
Migrants walk together along the U.S./Mexican border wall as they look to turn themselves over to the U.S. Border Patrol as they seek asylum in the United States on June 04, 2019 in El Paso, Texas.

Trump’s Latest Assault on Asylum Has Nothing to Do with National Security or Public Health

Last Thursday the Trump administration issued the latest in a long line of administrative rules that unlawfully ban and punish asylum seekers and others pursuing related humanitarian…
Police in full riot gear, some wearing masks and others not, stand in a row on July 1, 2020 in New York City.

Black Security and the Conundrum of Policing

We are in a new phase of the long police reform debate. Over decades, opaque spending, police staffing practices, expansion of criminal codes, and other factors have made some…
US Marine Amphibious Assault Vehicles (AAV) prepare to hit the beach during the amphibious landing exercises as part of the annual joint US-Philippines military exercise on the shores of San Antonio town, facing the South China sea, Zambales province on April 11, 2019.

Secretary Pompeo’s Surprising Defense of International Law, Allies, and the Law of the Sea Convention

Sec. Pompeo's statement on China's excessive maritime claims is right in substance, but it showcases the schizophrenic U.S. approach to its allies, the law of the sea, and international…
Trump exiting the White House.

Preparing the Public for a Contested Election

While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election…
U.S. Assistant Attorney General for Antitrust Makan Delrahim testifies before the Senate Judiciary Committee on October 03, 2018 in Washington, DC.

Regarding Those Marijuana Mergers: A Response to Accusers Who Question the DOJ

From 2017 to 2019 I had the distinct pleasure of serving as the Deputy Assistant Attorney General in the Antitrust Division of the Department of Justice under the leadership of…
US Capitol Building

An Incremental Step Toward Stopping Forever War?

If Congress wants to end the forever wars, it will have to start reclaiming the authority it has ceded under the 2001 AUMF. It may be ready to start trying.
A collage of Michael Cohen and Donald Trump

Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment

On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…
Roger Stone, former adviser to U.S. President Donald Trump, holds a hat over his face as he exits the E. Barrett Prettyman United States Courthouse on February 20, 2020 in Washington, DC.

Is the Pardon Power Unlimited?

Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.
Roger Stone

Pardoning Roger Stone Could Itself Be an Unpardonable Crime

In addition to being a brazen abuse of power, a pardon could put both Trump and Stone at risk of further criminal liability for conspiracy to obstruct justice. And, in doing so,…
US Defense Secretary Mark Esper (L) and Chairman of the Joint Chiefs of Staff General Mark A. Milley, testify about the Defense department budget during a Senate Armed Services Committee hearing on Capitol Hill in Washington, DC, March 4, 2020.

DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. It…
Smoke billowing out of buidlings following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

Toward a Consistent and Coherent Ex Gratia Policy for Civilian Casualties

The summer of 2017 was an extended nightmare for the Badrans. Over the course of several weeks, 39 members of Rasha Badran’s family, most of them women and children, were killed…
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