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.

× Clear Filters
4,711 Articles
The White House as seem from outside the West Wing. A guard stands at the entrance.

Timeline: Trump, Giuliani, Biden, and Ukrainegate

A comprehensive chronology of events involving "Ukrainegate" and President Trump and Rudy Giuliani's efforts to persuade the Ukrainian government to investigate former Vice President…
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
Pat Cipollone, White House counsel, waits for an elevator as he arrives at the U.S. Capitol on January 22, 2020 in Washington, DC.

The Ukrainian “Drug Deal” and All the President’s Lawyers

Lawyers in the Trump administration appear to be acting more like operatives helping to facilitate an illegal scheme, rather than lawyers with an obligation to end it.
A stack of newspapers.

Lessons for Life: The Obituaries of Republicans Who Opposed Nixon’s Impeachment

"If the reference is not made in the obituary’s headline, it still appears as a central point in the narrative of their lives as that single decision affected the course of history."
Trump and Bolton

Why the White House May Not Dare Fight on Executive Privilege

"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Trump

Political Self-Interest and the Impeachable Offense: A Reply to Professor Bobbitt

Former White House Counsel Bob Bauer: "The case for an abuse of power may be clinched by the finding of a serious violation of law. It does not depend on it."
Members of Iraq's Hashed al-Shaabi military network set a door ablaze as they try to break into the US embassy building in the capital Baghdad, on December 31, 2019.

After Soleimani Strike, Iran-Backed Militias Threaten Iraq’s Stability: An Explainer

There is a real risk that Iran-backed militias are driving Iraq back towards conflict. And their power is greatly enhanced by their legal status as organs of the Iraqi state.
Senate Majority Leader Mitch McConnell (R-KY) leaves the Senate floor at the conclusion of the third day of the Senate impeachment trial of President Donald Trump on January 23, 2020 in Washington, DC.

There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay

Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Story Dershowitz

Justice Joseph Story on “High Crimes and Misdemeanors”—The Antithesis to Dershowitz

Ambassador David Scheffer compares what one of the greatest American jurists said about the Impeachment Clause to what Professor Dershowitz claims.
Trump (C) leaves with Chief of Staff John Kelly (L) and National Security Advisor John Bolton (R) after holding a press conference ahead of his early departure from the G7 Summit on June 9, 2018 in La Malbaie, Canada.

Executive Privilege Cannot Block Bolton’s Testimony

All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
Salmon Chase and John Roberts

How Chief Justice Chase in Johnson Impeachment Decided on Witnesses

There's a path for Chief Justice Roberts to weigh in on calling witnesses and on executive privilege.
Sen. Lindsey Graham (R-SC), Sen. Roy Blunt (R-MO), Supreme Court Chief Justice John Roberts and Sen. Pat Leahy (D-VT) arrive to the Senate chamber for impeachment proceedings at the U.S. Capitol on January 16, 2020 in Washington, DC.

Hearsay and the Impeachment Trial

How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?
1-12 of 4,711 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: