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.
4,605 Articles
Counterterrorism Laws Punish Legitimate Asylum Seekers
Exclusions to refugee status in U.S. law -- originally developed to prevent Nazi war criminals from attaining asylum -- have dramatically expanded in scope, preventing many innocent…
John Bolton’s Silence — Here’s how he could lawfully break it
"If he wanted to, Bolton could this afternoon ..."
Timeline: Trump, Giuliani, Biden, and Ukrainegate
A comprehensive chronology of events involving "Ukrainegate" and President Trump and Rudy Giuliani's efforts to persuade the Ukrainian government to investigate former Vice President…
Explainer: Prepublication Review and How it Applies to Bolton
An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
The Ukrainian “Drug Deal” and All the President’s Lawyers
Lawyers in the Trump administration appear to be acting more like operatives helping to facilitate an illegal scheme, rather than lawyers with an obligation to end it.
Lessons for Life: The Obituaries of Republicans Who Opposed Nixon’s Impeachment
"If the reference is not made in the obituary’s headline, it still appears as a central point in the narrative of their lives as that single decision affected the course of history."
Why the White House May Not Dare Fight on Executive Privilege
"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt
Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."
After Soleimani Strike, Iran-Backed Militias Threaten Iraq’s Stability: An Explainer
There is a real risk that Iran-backed militias are driving Iraq back towards conflict. And their power is greatly enhanced by their legal status as organs of the Iraqi state.
There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay
Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz
Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.
Executive Privilege Cannot Block Bolton’s Testimony
All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.