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
Trump speaks with Brazilian President Jair Bolsonaro, National Security Advisor Robert O'Brien, Ivanka Trump and Jared Kushner, during a diner at Mar-a-Lago in Palm Beach, Florida, on March 7, 2020.

The Demise of Government: The Grim Task of Undoing Trump’s Damage

We have begun to see the unwinding of modern America. The effects will not simply evaporate when this president leaves office.
Fort Bragg Air Assault School

Decoy Amendment Jeopardizes the Moment for Renaming Confederate-Dubbed Bases

The measure would undermine otherwise bipartisan efforts to address these issues, including several worthy alternative proposals.
ICC President Judge Sang-Hyun Song and Judges Marc Perrin de Brichambaut (France), Piotr Hofmanski (Poland), Antoine Kesia-Mbe Mindua (Democratic Republic of Congo), Bertram Schmitt (Germany), Peter Kovacs (Hungary) and Chang-ho Chung (Republic of Korea) during a swearing-in ceremony at the International Criminal Court (ICC) in The Hague on March 10, 2015.

First They Came For Me and My Colleagues: The U.S. Attack on the Int’l Criminal Court

Professor Leila Nadya Sadat has served since December 2012 as the Special Adviser to the International Criminal Court Prosecutor on Crimes Against Humanity.

I help children in armed conflict. The President is forcing me to stop.

Professor Diane Marie Amann has served since December 2012 as the Special Adviser to the International Criminal Court Prosecutor on Children in and affected by Armed Conflict.
Military justice image

A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses

Introducing an Open Letter from former U.S. Military Commanders and Judge Advocates to the Committees on Armed Services of the U.S. Senate and the House of Representatives.
Gavel And Dog Tag On American Flag

Who Should Decide: Prosecutorial Discretion and Military Justice

The American military has operated under a separate justice system since before the signing of the United States Constitution. The distinct character of military society drives…
John Elias, a career official in the Justice Department's antitrust division, is sworn in before the House Judiciary committee hearing on "Oversight of the Department of Justice: Political Interference and Threats to Prosecutorial Independence", on Capitol Hill on June 24, 2020 in Washington DC.

11 Top Antitrust Experts Alarmed by Whistleblower Complaint Against A.G. Barr—and Office of Professional Responsibility’s Opinion

"I was surprised to find every one of the 11 experts was alarmed by the allegations and several were highly critical of the Office of Professional Responsibility's handling of…
Buildings of the Yuzhnoukrainsk nuclear power plant are seen through the steam rising from the water in the town Yuzhnoukrainsk, Mykolaiv region, 300 kilometres (185 miles) south of Kiev, on November 25, 2015.

The Harm of Nuclear Weapons Tests for Peaceful Nuclear Power

Any US efforts that undermine key treaties would erode the global nonproliferation regime that advances the safety of civil nuclear technologies.
The US flag at the US Naval Base in Guantanamo Bay, Cuba on August 6, 2013.

Crises of Accountability for U.S. Systemic Abuses of Power

On this International Day in Support of Victims of Torture, the United States is at a crossroads. We will know soon if the country is capable of breaking the cycle of impunity…
Bush, Obama, Trump

Trump’s Rationale for Attacking the ICC—Continuity with Bush and Obama’s War on Terrorism

An article by the first Chief Prosecutor of the International Criminal Court.
National Guard Soldiers stand in a line blocking a side street along a Black Lives Matter rally in Boston, MA on June 3, 2020.

National Guard Risks and Recommendations in Public Order Management

Since the tragic murder of George Floyd by police on May 25, more than 20 states have activated National Guard units to support local law enforcement in response to protests…

The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case

Analysis of the Court of Appeals' decision of June 24, 2020 in the case of Michael Flynn.
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