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
What the State Department Legal Adviser Promised Congress on Iran
Will Mr. Marik String keep his word?
The Need for Increased Amicus Role in the FISA Process
Andrew Weissmann, former FBI General Counsel and a lead prosecutor in Robert S. Mueller’s Special Counsel’s Office, writes about the Inspector General's report and proposes…
After the IG Report: “Next Steps” for Congress, DOJ, and the FISA Court
The first in our series on proposals for FISA reform, published in conjunction with a public event on Jan. 16 with Liza Goitein, Andrew McCabe, Julian Sanchez, and Andrew Weissmann…
The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes
A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…
The United States Finally Has a New War Crimes Ambassador
Considering the past, current, and threatened atrocities across the globe and the U.S. position on the ICC, Ambassador Morse Tan will have his hands full.
U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment
A critical annotation of the principal claims in the United States' formal letter to the U.N. justifying the Soleimani strike.
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
Why the 2002 AUMF Does Not Apply to Iran
There is no congressional statute authorizing military attacks on Iran.
How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?
To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…
Mark Esper vs. Mark Esper on the 2002 AUMF and Iran
In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.
Lawful Self-Defense vs. Revenge Strikes: Scrutinizing Iran and U.S. Uses of Force under International Law
Here's what Congress should examine to determine if the U.S. strike complied with the law that we as a nation and our military champion. The same law that applies to Iran's actions.
As Conflict with Iran Intensifies, the U.S. Intelligence Community Is Still Leaderless
At a time when policy decisions that should be based on intelligence assessments are being made that bring us ever-closer to full-blown war, it’s critical that we have leadership…