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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Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 07, 2018 in Washington, DC.

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions

On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
A collage of images that show Trump, Trump appointees, and Putin.

The Pattern and Practice of Trump’s Assaults on the Intelligence Community

Just Security editors—Joshua Geltzer (former DOJ, NSC) and Ryan Goodman (former DOD)—teamed up to: (1) catalog the specific ways in which President Trump has undercut the U.S.…
The White House lawn on a sunny day with the White House in the background.

What if a President Committed Genocide or Other Atrocity Crimes?

Ambassador David Scheffer writes: Whether or not the Justice Department opinions are correct about presidential immunity from indictment for ordinary crimes … Lawmakers should…
Doves fly over the Hiroshima Peace Memorial Park in western Japan on August 6, 2015 during a memorial ceremony to mark the 70th anniversary of the atomic bombing of Hiroshima.

The Once and Future Threat of Nuclear Weapon Testing

Some Trump administration officials have signaled hostility to the Comprehensive Test Ban Treaty and an interest in the United States resuming nuclear weapon testing, which could…
This picture taken on April 19, 2018 shows commuters on mopeds along a street in central Ho Chi Minh City.

Protections Fall for Vietnamese Immigrants as Trump Pushes Deportations

The Trump administration has reinterpreted a 2008 agreement with Vietnam in multiple ways to expand the categories of refugees it can deport. The effort appears to have affected…
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U.S. Sanctions Against Iran’s Foreign Minister and International Law

Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.
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“Domestic Terrorism” Bills Create More Problems Than They Solve

Lack of will and focus are the real impediments to investigating and prosecuting perpetrators. What's more, proposals to expand the definition of “terrorism” could harm activity…
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
Turkey's President Recep Tayyip Erdogan and US President Donald Trump shake hands before a meeting at the Palace Hotel during the 72nd United Nations General Assembly on September 21, 2017 in New York City.

U.S.-Turkey “Safe Zone” Likely to Add Fuel to Syria Conflict

"While there is a significant risk that a new arrangement will further destabilize this highly volatile region and threaten the security of millions of civilians, there is also…
Trump winks during a meeting with Israeli Prime Minister Benjamin Netanyahu in the Oval Office at the White House in Washington, DC, March 25, 2019.

Blame Trump, Not the U.S. Code, for His Abuse of Emergency Authority

It began in earnest with President Donald Trump’s invocation of the National Emergencies Act in an effort to grab money to build a border wall. It reemerged with Trump’s reference…
View of a Guatemalan migrant's identification wristband upon his arrival at the Air Force Base in Guatemala City after being deported from the United States on July 31, 2019.

“Offshore Processing” in Guatemala: A Deeper Look at the U.S. Asylum Deal

U.S. agreement to "offshore" asylum seekers (of different nationalities) to Guatemala bears striking similarity to Australia's policy of offshoring asylum seekers to an island…
The dome of the U.S. Capitol Buidling and the US flag.

Expert Summaries of Mueller Report: A Collection

Top legal experts provide condensed, brief summaries of the Special Counsel's report.
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