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

“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…

A Dozen Questions for Mike Pompeo
Twelve questions for Congress and the news media to ask Secretary Pompeo as Ukraine scandal unfolds.

The Missing Link: Getting Dirt on Biden Was Key Part of “Investigation into 2016 Election” Too
Set aside Trump-Giuliani pressure on Ukraine to investigate Burisma. Their pressure on Ukraine to investigate 2016 election was also targeting Biden.

Bureaucratic Resistance and the Deep State Myth
How to think — and not think — about the concept of a "Deep State" as the nation works through the Ukraine whistleblower developments.

How to Address Newly Revealed Abuses of Section 702 Surveillance
Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.

Bill Barr’s Witch Hunt
America’s chief law enforcement officer is using the full power of the U.S. government to pressure foreign governments to engage in investigations designed to politically benefit…

Reassessing U.S. Cyber Operations Against Iran and the Use of Force
"There is good reason to conclude the United States may have crossed the use of force threshold with this cyber operation."

Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States
"All States are legally required to cooperate to bring any serious breach of a peremptory norm to an end by lawful means. Conversely, States are legally prohibited from helping…

A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…

The German Constitutional Court on the Right of Self-Defense Against ISIS in Syria
German Constitutional Court concludes that the government has a reasonable claim that the UN Charter permits use of force in self-defense against non-state actors — at least…

10 Questions for Trey Gowdy
Within one short media cycle, Gowdy became a part of the President's legal team before he wasn't. This all raises some questions.

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…