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

“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…
Trump talks to Pompeo

A Dozen Questions for Mike Pompeo

Twelve questions for Congress and the news media to ask Secretary Pompeo as Ukraine scandal unfolds.
Democratic Presidential nominee Hillary Clinton and US Vice President Joe Biden acknowledge the crowd at Riverfront Sports athletic facility on August 15, 2016 in Scranton, Pennsylvania.

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.
Silhouettes of three people talking to each other.

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.
U.S. Capitol Building

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.
William Barr, nominee to be US Attorney General, takes the oath before testifying during a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, DC, January 15, 2019.

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…
Cyber operations on mission in the 780th Military Intelligence Brigade operations center at Fort Meade, Maryland.

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-backed Syrian fighters gather on the outskirts of the key Syrian border town of Ras al-Ain on October 16, 2019 during the ongoing assault by Turkey and its allies on Kurdish-held border towns in northeastern Syria.

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…
Blue sound wave

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 Federal Constitutional Court in Karlsruhe, Baden-Wuerttemberg, Germany.

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…
US Representative Trey Gowdy, Republican of South Carolina and Chairman of the House Select Committee on Benghazi, enters a secure area prior to interviewing former CIA Director David Petraeus about the attacks on a US compound in Benghazi, on Capitol Hill in Washington, DC, January 6, 2016.

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.
FBI Building in Miami, Florida.

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…
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