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.
4,711 Articles

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.

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…

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…

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…

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…

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…

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.

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…

Is the Pardon Power Unlimited?
Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.

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,…

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…

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…