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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4,757 Articles
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Michael Flynn leaves the Prettyman Federal Courthouse following a sentencing hearing in U.S. District Court December 18, 2018 in Washington, DC.

Why the Flynn Dismissal Deserves a Hard Look by the Court

The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Donald Trump speaking and Michael Flynn in the background

Anticipating Phase Two of the Trumped Up “Obamagate”

Grappling with the potential criminal liability of leakers of the Flynn phone call, and how Trump and Barr will exploit it in their ongoing campaign of public deception.
Arid ground in Mongolia, Zavkhan province.

The Trump Administration’s Indefensible Legal Defense of Its Asylum Ban

"The Trump administration has finally made public its legal justification for its decision to halt asylum processing during the COVID-19 pandemic, and it is embarrassingly bad.…
Chief Justice of the US John Roberts and Patrick Strawbridge, an attorney for US President Donald Trump, speak via an audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG.

Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information

A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
A female cashier wearing a mask to avoid Corona Virus sits behind the till receiving payments from other female customers who are all wearing black veils inside Sadaf pharmacy in Tehran, Iran.

Revisiting Export Controls in the COVID Era

A summary of U.S. Treasury’s new guidance for each country subject to U.S. sanctions.
Fictitious malicious coding in a 1970 dot matrix font on a computer screen.

What the Pandemic Tells Us About the State of U.S. Cybersecurity

The Cyberspace Solarium Commission sees lessons on risk assessment, resilience, public-private collaboration, and more.
Military vehicles cross Westminster Bridge after members of the 101 Logistic Brigade of the British Army delivered a consignment of medical masks to St Thomas' hospital on March 24, 2020 in London, England.

Coronavirus Legislative Responses in the UK: Regression to Panic and Disdain of Constitutionalism

Despite having finely-honed legislative models, the Unite Kingdom regressed to panic mode when faced with the COVID-19 pandemic.
People ride on bicycles past the Altare della Patria monument in central Rome on May 10, 2020.

Italy and COVID-19: A Call for an “Italian Emergency Constitution”?

The ongoing health crisis triggers consideration of the lack of an articulated emergency framework in the Italian Constitution, and whether existing tools are suitable to face…
Smoke billowing from a sentry box at an entrance of the embassy in the capital Baghdad, after supporters and members of the Hashed al-Shaabi military network breached the outer wall of the diplomatic mission during a rally to protest air strikes that killed pro-Iran fighters in western Iraq.

Why No One Ever Really Wins a Proxy War

The harms outweigh the perceived benefits, short-term and long-term, says a recent study from an expert working group convened by the American Bar Association Center for Human…
flags of Department of Justice and USA

DC Needs a New U.S. Attorney

Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.
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