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.
4,757 Articles

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…

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…

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.

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.…

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.

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…

Revisiting Export Controls in the COVID Era
A summary of U.S. Treasury’s new guidance for each country subject to U.S. sanctions.

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.

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.

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…

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…

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.