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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Heavy smoke billows following an airstrike on the western frontline of Raqa on July 17, 2017, during an offensive by the US-backed Syrian Democratic Forces, a majority Kurdish and Arab alliance, to retake the city from Islamic State (IS) group fighters.

Civilian Casualties: A Case for U.S. Condolence Payments in Syria

The U.S. military acknowledges it unintentionally killed 40 civilians in a 2017 air strike, but rejects appeals to help those who survived.
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
Side by side photos of Abu Mahdi al-Muhandis and remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

United States Killed Iraqi Military Official and Iraqi Military Personnel in the Two Recent Attacks

"If these dimensions of the unfolding events are not properly understood by U.S. decision makers and the media, the currently highly volatile situation—between the United States,…
The Pentagon logo and an American flag are lit up in the briefing room of Pentagon in Arlington, VA.

The Missing Assistant Secretary of Defense and the Soleimani Strike

Government officials will be working around the clock in the coming days to keep Americans safe and manage the fallout. It’s highly unfortunate that one critical voice will be…
U.S. President Donald Trump touches the arms of Chairman of the Joint Chiefs of Staff Joseph Dunford and U.S. Defense Secretary Jim Mattis while delivering remarks during a meeting with military leaders in the Cabinet Room on October 23, 2018 in Washington, DC.

Trump Loved “His Generals”—Until He Got To Know Them

The caricature of a “a gruff, tough-guy persona" with powerful toys lay at the heart of the contradiction Trump promised as a candidate in 2016.
President Trump, Vice President Pence, and National Security Adviser Lt. Gen. H.R. McMaster have lunch with Service Members on July 18, 2017.

The Generals Aren’t the Problem; An Ill-Informed Commander-in-Chief Is

Peter Bergen's new book shows how Trump sows divisions in the armed forces and undercuts the military ethos for inclusive decision-making.
Redacted text

Exclusive: Unredacted Ukraine Documents Reveal Extent of Pentagon’s Legal Concerns

Just Security has viewed unredacted emails, which tell the behind-the-scenes story of the defense and budget officials who had to carry out the president’s unexplained hold on…
New York State Troopers stand guard in front of the house of Rabbi Chaim Rottenberg on December 29, 2019 in Monsey, New York. Media also stand outside the house.

The Monsey Attack: What’s the basis for the federal charges against Grafton Thomas?

"The government's decision to use Section 247 but not Section 249 will probably make successful prosecution more difficult, for several reasons."
Turkish soldiers drive American-made M60 tanks in the town of Tukhar, north of Syria's northern city of Manbij, on October 14, 2019, as Turkey and its allies continue their assault on Kurdish-held border towns in northeastern Syria.

The Inevitable Day of Reckoning in Syria

President Trump's decision to disengage with the YPG and ultimately side with Turkey was rash and immoral, yet fundamentally inevitable.
US Department of Justice building at night.

Selective Disclosure of OLC legal Opinions Isn’t Enough

The ad hoc release of OLC opinions raises more fundamental questions about the role of the OLC and the public’s right to know how the executive branch interprets the law.
US President Donald J. Trump and Prime Minister of Israel Benjamin Netanyahu shake hands in the Oval Office of the White House March 25, 2019 in Washington, DC.

Why the Settlements are a Problem for Benjamin Netanyahu

Despite the new U.S. position that West Bank settlements are not "per se" illegal, international accountability for Israeli settlement activity remains a real possibility.
A flag waves in front of the U.S. Capitol building.

The Senate Must Conduct an Impeachment Trial That Is Serious and Fair

The American people deserve an impeachment trial that is fair and serious. The Chief Justice and the members of the Senate should deliver one.
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