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
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran
Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…
Trump’s Preference for Acting Officials Puts National Security at Risk
This article is cross-posted on Lawfare. President Trump recently announced that his intended nominee for secretary of defense will be Patrick Shanahan, who became—way back…
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness
Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness
Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
Trump’s Golan Policy and Its Threat to the Post-War International Legal Order
Yale Law professors Oona Hathaway and Scott Shapiro, authors of an award-winning book on the use of force, respond directly to a Wall Street Journal op-ed by Secretary of State…
‘Flying Ginsu’ Missile Won’t Resolve U.S. Targeted Killing Controversy
Proponents of a new, modified Hellfire missile called the R9X tout it as a game-changer that can spare more civilian lives than traditional Hellfires. But the new technology can…
Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President
Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
Lesson from Nixon: With Today’s Facts, Impeaching Trump Won’t Work
Impeachment of a president is a political act by Congress requiring time, facts, and bipartisan support in both the House and the Senate. The Nixon impeachment had all that. Trump's…
The Precedent for Impeachment: Nixon, Not Clinton
[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and…
An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump Pre-Impeachment
Blumenthal writes, "The Clinton example as a predictor should be dispensed with in considering Trump. ... Trump proceeds from a much weaker position than Nixon. He depends entirely…