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.

Sort by:

× Clear Filters

4,757 Articles

Select Tags:

Select Authors:

Select Date Range:

People protest at a Uyghur rally on February 5, 2019 in front of the US Mission to the United Nations, to encourage the State Department to fight for the freedom of the majority-Muslim Uighur population unjustly imprisoned in Chinese concentration camps. A child holds a sign reading, “Justice.”

The United States Finally Has a New War Crimes Ambassador

Considering the past, current, and threatened atrocities across the globe and the U.S. position on the ICC, Ambassador Morse Tan will have his hands full.

Jan. 10, 2020 Beth Van Schaack

U.S. Secretary of State Mike Pompeo sits with Vice President Mike Pence and U.S. Ambassador to the U.N. Kelly Craft at the United Nations (U.N.) General Assembly on September 24, 2019 in New York City.

U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment

A critical annotation of the principal claims in the United States' formal letter to the U.N. justifying the Soleimani strike.

Jan. 10, 2020 Adil Ahmad Haque

People demonstrate against United States entering a war with Iran on the East Front of the US Capitol on January 9, 2020 in Washington, United States. A sign reads, “No war with Iran!”

How to Recover a Role for Congress and the Courts in Decisions to Wage War

A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…

Jan. 10, 2020 Oona A. Hathaway and Geoffrey Block

US Secretary of State Mike Pompeo leaves the stage to US Secretary of Defense Mark Esper during a briefing on the past 72 hours events in Mar a Lago, Palm Beach, Florida on December 29, 2019.

Why the 2002 AUMF Does Not Apply to Iran

There is no congressional statute authorizing military attacks on Iran.

Jan. 9, 2020 Ryan Goodman and Steve Vladeck

The pages of a redacted court filing from the Special Council Robert Mueller in the Paul Manafort case are spread out on a flat surface.

How Should FOIA Be Reformed to Prevent Further Abuse of Redactions?

To ensure the FOIA is not weaponized and used as an instrument of secrecy, Congress should reform the statute to mirror how the deliberative process privilege is treated in the…

Jan. 9, 2020 Anne Weismann

Mark Esper vs. Mark Esper on the 2002 AUMF and Iran

In his recent nomination hearing for Secretary of Defense, Mark Esper told Senator Duckworth the 2002 AUMF would not cover military action against Iran.

Jan. 8, 2020 Ryan Goodman

Trump speaks from the White House on January 08, 2020 in Washington, DC. Pence, Pompeo, Esper and others stand around him.

Lawful Self-Defense vs. Revenge Strikes: Scrutinizing Iran and U.S. Uses of Force under International Law

Here's what Congress should examine to determine if the U.S. strike complied with the law that we as a nation and our military champion. The same law that applies to Iran's actions.

Jan. 8, 2020 Geoffrey S. Corn and Rachel VanLandingham, Lt Col, USAF (Ret.)

Members of the Hashed al-Shaabi paramilitary force chant anti-US slogans during a protest over the killings of Iranian commander Qassem Soleimani and Iraqi paramilitary commander Abu Mahdi Al-Muhandis, on January 6, 2020 in Karrada in central Baghdad. They raise flags and scarves into the air.

As Conflict with Iran Intensifies, the U.S. Intelligence Community Is Still Leaderless

At a time when policy decisions that should be based on intelligence assessments are being made that bring us ever-closer to full-blown war, it’s critical that we have leadership…

Jan. 8, 2020 Brett Holmgren

A redacted email from Elaine McCuster on August 27, 2019 at 12:02am to Eric Chewning and cc-ed David Norquist and John Rood with the subject line, “RE: [Non-DoD Source] Ukraine (USAI funding).” The text of the email is redacted but there is an attachment listed with the name, “smime.p7s”

Did the Trump Administration Abuse the Redactions Process?

The so-called deliberative process privilege allows federal agencies to redact internal policy debates, but it is often abused.

Jan. 7, 2020 Austin Evers

Two soldiers work together on a radio-in-a-box training between U.S. Psychological Operations (PSYOP) Soldiers with Combined Joint Special Operations Task Force and an Iraqi Counter-Terrorism Service (CTS) PSYOP team on Feb. 10, 2019, in Baghdad.

Trump’s Fatal Mistake: Killing Soleimani vs. Countering ISIS

The fight against ISIS is on hold. It’s unclear how exactly it will ever resume. An article by Luke Hartig, former Senior Director for Counterterrorism at National Security Council,…

Jan. 6, 2020 Luke Hartig

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.

Jan. 6, 2020 Andrea Prasow

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

Jan. 6, 2020 Tess Bridgeman

165 164 165166167 168 167

1-12 of 4,757 items