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
AG Barr looks at Trump

Barr Is Dismantling Charges Filed by Mueller

Another curious filing by the Department of Justice should not be lost amid news about COVID-19. In yet another reversal in a case initiated by Special Counsel Robert Mueller,…
Trump and Defense Secretary Mark Esper at a press conference on the novel coronavirus, COVID-19, at the White House on March 18, 2020.

Trump Administration Has Not Earned Privilege to Speak Anonymously — Especially During a National Crisis

The coronavirus crisis is exposing just how costly it can be when an administration knowingly misleads the public or refuses to provide a basic level of transparency.
US Secretary of State Mike Pompeo speaks at a press conference at the State Department in Washington DC, on March 17, 2020.

Former Officials Challenge Pompeo’s Threats to the International Criminal Court

A statement by former U.S. Ambassadors for War Crimes and U.S. Chief Prosecutors.
Classified stamp

The Legally Troubling Treatment of COVID-19 Meetings as Classified

I represented the government until late 2018, and I've got serious concerns, writes former Deputy Director of Appellate Staff of Department of Justice's Civil Division.
PBS NewsHour's Yamiche Alcindor asks President Donald Trump about decision to close National Security Council Directorate for Global Health Security and Biodefense, March 13, 2020.

Lessons Ignored: John Bolton’s Bogus Defense of “Streamlining” Away Our Bio-Readiness

Former director of USAID’s Office of US Foreign Disaster Assistance won't let John Bolton rewrite history. "What undermines public confidence ... is the administration’s own…
In this photograph, what appears to be a big explosion is an electromagnetic railgun is fired at 10.64 megajoules with a muzzle velocity of 2,520 meters per second at Naval Surface Warfare Center, Dahlgren, VA. January 31, 2008.

The Complex Policy Questions Raised by Nuclear Energy’s Role in the Future of Warfare

Military planners are eyeing a new generation of energy-dense nuclear reactors to power future high-energy weapons, despite potential policy and legal challenges to doing so.
National Guard troops stand by as people wait to be tested for COVID-19 at New York state’s first drive through COVID-19 mobile testing center at Glen Island Park in New Rochelle, New York on March 13, 2020. The ground is wet and the sky is overcast. Reflections of the troops and testing tents can be seen in the water on the ground.

The Coronavirus, Emergency Powers, and the Military: What You Need to Know

The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…
National Institute of Allergy and Infectious Diseases Director Anthony Fauci confers with Vice President Mike Pence as U.S. President Donald Trump holds a news conference about the ongoing global coronavirus pandemic at the White House March 13, 2020 in Washington, DC. No one in the photo wears a face mask.

Explainer: National Emergency Declarations and COVID-19

A brief backgrounder on the Stafford Act and other emergency authorities President Trump has invoked to address coronavirus (COVID-19).
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

A Response to “End the FISA”: Why It’s a Good Law and Sound Policy

Since the public release of a redacted version of a Report on Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation (the “Horowitz Report”),…
Defense Department General Counsel Paul C. Ney gives a speech at BYU Law School on March 4, 2020.

The Trump Administration’s Latest (Failed) Attempt to Justify the Soleimani Strike

Two months after killing Qassem Soleimani, the Trump administration still hasn’t gotten its story straight. On January 3rd, the day of the operation, and for the next 10 days,…
U.S. Secretary of State Mike Pompeo is joined by commission chair Harvard Professor Mary Ann Glendon while announcing the formation of the Commission on Unalienable Rights during a news conference at the Department of State, on July 8, 2019 in Washington, DC.

Pompeo’s “Rights Commission” is Worse Than Feared: Part I

Human rights groups have sued to shut it down. A study of its hearings shows its anti-rights leanings are even worse than feared.
U.S. Sen. Chris Van Hollen (D-MD) listens during a Financial Services and General Government Subcommittee hearing, with U.S. Secretary of Treasury Steve Mnuchin, on the proposed budget estimates and justification for FY2020 for the Treasury Department at the U.S. Capitol on May 15, 2019 in Washington, DC.

Sen. Van Hollen Calls for Paoletta to Relinquish Role as OMB’s Top Ethics Official

Mark Paoletta, the general counsel at the Office of Management and Budget (OMB), needs to recuse himself from ongoing inquiries into the Trump administration’s withholding of…
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