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
Salmon Chase and John Roberts

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses

There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
Sen. Lindsey Graham (R-SC), Sen. Roy Blunt (R-MO), Supreme Court Chief Justice John Roberts and Sen. Pat Leahy (D-VT) arrive to the Senate chamber for impeachment proceedings at the U.S. Capitol on January 16, 2020 in Washington, DC.

Hearsay and the Impeachment Trial

How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?
Jay Sekulow, personal lawyer for President Donald Trump, and Pat Cipollone, White House counsel, wait for an elevator as they arrive at the U.S. Capitol on January 22, 2020 in Washington, DC. Jay Sekulow grins widely.

Constitutional Crabgrass: President Trump’s Defenders Distort the Impeachment Clause

Leading scholar on history of impeachment pens a scathing critique of Dershowitz argument. Calls it "brazenly wrong."
Trump arrives at the White House on January 22, 2020 in Washington, DC.

What Sort of “Abuse of Power” Would Amount to an Impeachable Offense?

Philip Bobbitt writes that the Ukraine allegations amount to an impeachable abuse of power, but not the way some have framed it.
Justice Department Inspector General Michael Horowitz testifies about the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA) during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC, December 11, 2019.

Pumping the Brakes a Bit on FISA “Reform”

Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
A Reiss Center on Law and Security panel with Liza Goitein, Andrew McCabe, Julian Sanchez, Andrew Weissmann, and Adam Serwer.

Video of Expert Panel: Reforming the FISA Process — Proposals for the Future

Full video of public conversation featuring Liza Goitein, Andrew McCabe, Julian Sanchez, Adam Serwer (moderator), and Andrew Weissmann.
Cracks in cement

Four Fundamental Flaws in President Trump’s Impeachment Trial Memo

Leading impeachment law scholar pens a scathing critique of President Trump’s Trial Memo sent to senators on Monday.
A collage of photos of Les Parnas meeting with various people in the Trump administration, including, Trump, Ivanka Trump and Jared Kushner, Kellyanne Conway, Pence, and more.

15 Questions the Media Should Be Asking Lev Parnas

A list of specific questions reporters (and perhaps members of Congress, if the time comes) should be asking Lev Parnas.
Trump and Acting chief of staff Mick Mulvaney listen to comments during a luncheon with representatives of the United Nations Security Council, in the Cabinet Room at the White House on December 5, 2019 in Washington, DC.

GAO Decided Trump’s Hold on Ukraine Funding Was Illegal and It Wasn’t a Tough Call

In addition to the larger implications GAO's decision has for the Senate impeachment trial, a close reading of yesterday's report provides some important new insights.
Former U.S. National Security Advisor John Bolton speaks at the Center for Strategic and International Studies September 30, 2019 in Washington, DC.

Executive Privilege Is No Bar to John Bolton’s Testimony in the Senate

President Donald Trump’s impeachment team reportedly believes that executive privilege poses “significant and important” issues that could prevent former National Security…
Justice Department Inspector General Michael Horowitz testifies about the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA) during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC, December 11, 2019.

Fixing FISA after the Carter Page Report

[Just Security is publishing a series on concrete proposals for FISA reform. This series is in conjunction with a public event that we are organizing with the Reiss Center on…
Side by side photos of Gina Haspel and Joseph Maguire both giving testimony at separate meetings.

Three Things to Look For in the 2020 “Worldwide Threat Assessment” from the U.S. Intelligence Community

A year ago, very few Americans had ever heard of the U.S. intelligence community’s annual worldwide threats assessment and briefing to Congress. This year, the country should…
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