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
Hungarian Prime Minister Viktor Orban (C) walks near other representatives during a vote about the government's bill on the protection against the new coronavirus COVID-19 at the plenary session of the Hungarian Parliament in Budapest, Hungary on March 30, 2020.

Threats to Democracy Spread with the Virus, We Must Keep Both in Check

In Hungary, the parliament has lost the ability to check the power of Viktor Orbán and his executive branch.
A man gets his temperature checked outside a barricade where community members control who comes in and out of a residential street on February 24, 2020 in Beijing, China. The police officer checking his temperature wears PPE over his shirt, a face shield, and a face mask. The thermometer he uses measures his wrist.

Beware of Political Manipulation in Assessing Success Against the Coronavirus

Now, at a moment when we need a coordinated and transparent global response, the full scale and scope of the global democratic erosion comes into view.
Coronavirus crisis volunteer Rhiannon Navin in front of the US flag.

Human Rights Guidelines for the Fight Against COVID-19

President Donald Trump is already talking about a “war” against COVID-19, and with all wars come serious human rights risks. If the pandemic poses a national security threat,…
Trump speaks during a briefing on the coronavirus pandemic, in the press briefing room of the White House on March 24, 2020 in Washington, DC. Pence stands behind him. Neither wear face masks.

Keeping an Eye on the Civil Liberties Impact of Trump’s Coronavirus Response

Now is the time to be vigilant for attempts to leverage the crisis to obtain or retain powers that unnecessarily infringe on rights and liberties.
A large truck carrying pick-up trucks enters the US at the Otay Mesa port of entry at the US-Mexico border in San Diego, California on June 8, 2019.

The Right Way to Reform the U.S. President’s International Emergency Powers

Strong procedural checks and balances would improve oversight and limit the scope for abuse.
Pompeo speaks with press

Is Pompeo Unintentionally Helping Out the International Criminal Court?

While likely doing little to dissuade those at the ICC and elsewhere who are committed to seeking accountability for the United States’ previous rendition and torture program,…
Oregon Army National Guard Soldiers assist the Oregon Health Authority (OHA) in setting up the Oregon Medical Station (OMS) at the Oregon State Fairgrounds, March 19, 2020. The soldiers do not wear face masks and set up cots in a large room.

Military’s Response to the Coronavirus Crisis: Top 10 Principles

Ten key principles to follow as policymakers seek to utilize the military in a manner that is innovative, responsive to the crisis, and consistent with the rule of law.
Pence holds up a CDC advisory while flanked by Trump and Barr at the daily coronavirus briefing at the White House on March 23, 2020 in Washington, DC. None of them wear face masks.

Coronavirus, Public Perceptions and the Dangers of “News Deserts”

For many reasons, areas of the U.S. or segments of the populace don’t have – or don’t seek – access to fact-based, even existentially vital information.
A wide view of the Security Council as Ghassan Salamé (on screen), Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya (UNSMIL), briefs the Council meeting on the situation in Libya. 30 January 2020

What the UN Security Council Can Do on Coronavirus: A Global Goods Coordination Mechanism

On the need for the UN Security Council to break its silence on coronavirus and adopt a global goods coordination mechanism.
Pompeo speaks to the press

Pompeo’s Commission on Unalienable Rights Looks to Be a “Win-Win” for China

“While Secretary Pompeo may view this elevation of one right as complementary to U.S. government criticism of Beijing, in the long run it plays directly into the campaign being…
Destruction at Karbala airport in the Iraqi shrine city, one of the areas targeted by US military air strikes against a pro-Iranian group in Iraq following the deaths of two Americans and a Briton in a rocket attack the previous night on a US base in Taji. Some soldiers inspect the damage while others stand guard with guns. March 13, 2020

It’s Time Iraq Accepts Legal Responsibility for Its Iran-Backed Militias

Legal reform of the Popular Mobilization Forces (PMFs) would have a more durable effect on these hostile militias than a few US air strikes.
Trump and Pence attend a teleconference with governors at the Federal Emergency Management Agency headquarters on March 19, 2020 in Washington, DC. Neither wear face masks. They sit in from of a FEMA sign and logo.

Use the Defense Production Act to Flatten the Curve

James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
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