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.
4,605 Articles
Principle Over Pretext: The Supreme Court Isn’t Buying What Wilbur Ross Is Selling
In a ruling that has surprised many legal observers, the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, dealt the Trump administration a major setback to its efforts…
Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars
Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz
"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
Assange’s Indictment: A Threat to Everyone
Had the precedent of the Justice Department’s prosecution of Julian Assange existed in the past, there are numerous cases that could have resulted in a prosecution under the…
Looking to 2020: A Presidential Pledge for Gender Parity in National Security Appointments
Fifteen of the Democratic candidates running for president have signed a pledge that they will seek gender parity in their national security appointments.
Annie Donaldson is Not the President’s “Alter Ego”
It could almost be a bar exam question. Under the Executive Branch theory that the president’s senior aides are “absolutely immune” from appearing before Congress, which…
Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law
"It is difficult to definitely conclude that the proposed U.S. kinetic strikes would have been valid exercises of self-defense."
Asking the Right Question on Iran, Al-Qaeda and the AUMF
The President and senior members of his administration are trying to skew a critical public debate by framing it inaccurately. The stakes—including a potential new war in the…
The State of Play with US-Iran and How We Got Here: Q&A with Laura Rozen
We asked Just Security’s Laura Rozen for her assessment of the current tension between the United States and Iran. Two key questions follow.
Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance
Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?
Emplacing malware in critical infrastructure on which the civilian population depends is a decision States must not take lightly. It may also violate international law, but 'responding…
Tom Lantos Commission: Enhancing U.S. Ability to Pursue Accountability for Atrocities
I had the honor of testifying last week before the Tom Lantos Human Rights Commission at a hearing devoted to “Pursuing Accountability for Atrocities.” My written testimony…