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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Joseph Macguire

Whistleblower Says White House Took Unusual Steps to Limit Access to Ukraine Call Record

"According to a person familiar with the content of the complaint who spoke to Just Security, when the call was over, senior White House officials pulled the verbatim transcript…
Trump speaks on the telephone via speakerphone with Mexican President Enrique Pena Nieto in the Oval Office of the White House on August 27, 2018 in Washington, DC.

Trump’s Call to Ukraine May Constitute “Honest Services Fraud”—A Core Crime of Public Corruption

Missing from the conversation is the public corruption crime of honest services fraud, and it fits the reported facts, writes Barbara McQuade, former United States Attorney for…
U.S. Vice President Joe Biden addresses deputies of the Ukrainian Parliament in Kiev on December 8, 2015. The placard on the platform shows Nadiya Savchenko, a Ukrainian military pilot jailed in Russia and reads "Free Nadiya Savchenko"

The Swiftboating of Joe Biden

The Vice President’s Anti-Corruption Efforts in Ukraine May Have Harmed His Son’s Company
Trump speaks on the phone with Russia's President Vladimir Putin from the Oval Office of the White House on January 28, 2017, in Washington, DC.

The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate

Top election law expert, Paul S. Ryan of nonpartisan group Common Cause, explains the felonies that apply to allegations in Ukrainegate.
Committee Chairman Rep. Adam Schiff (D-CA) speaks to members of the media after Intelligence Community Inspector General Michael Atkinson met behind closed doors with the House Intelligence Committee at the U.S. Capitol September 19, 2019 in Washington, DC.

Intel Whistleblower Complaint Q&A Part 2: Constitutional Boogaloo

Developments in the Intelligence Community whistleblower story raise new legal questions.
Former New York City mayor Rudy Giuliani stands with president-elect Donald Trump before their meeting at Trump International Golf Club, November 20, 2016 in Bedminster Township, New Jersey.

President Trump, We Can Handle the Truth

Last night, the president’s lawyer Rudy Giuliani had his own Col. Nathan Jessup moment on primetime TV. Fired-up and angry enough, like Jack Nicholson’s character in the movie…
Retired Vice Adm. Joseph Maguire is sworn in during a Senate Intelligence Committee hearing to be confirmed as the director of the National Counterterrorism Center, on Capitol Hill, on July 25, 2018 in Washington, DC.

Handling of Whistleblower Complaint Makes It Impossible for IG To Do His Job

It’s nearly impossible for whistleblowers to trust an inspector general when their agency-head acts as acting Director of National Intelligence Joseph Maguire has, publicly rebuking…
House Intelligence Committee Chairman Adam Schiff (D-CA) makes closing remarks after questioning former Special Counsel Robert Mueller about his report on Russian interference in the 2016 presidential election in the Rayburn House Office Building July 24, 2019 in Washington, DC.

Q&A on Whistleblower Complaint Being Withheld from Congressional Intelligence Committees

On September 13, House Intelligence Committee Chair Adam Schiff publicly announced that he had issued a subpoena to Acting Director of National Intelligence (DNI) Joseph Maguire…
US Treasury Secretary Steven Mnuchin and Secretary of State Mike Pompeo brief the media on September 10, 2019, at the White House in Washington, DC.

What’s the New Terror Financing Executive Order All About?

Last week, the Trump administration updated E.O. 13224 to expand both State and Treasury’s ability to wield sanctions against terrorists. What are the practical implications…
A collection of FBI rubber stamps reading, “Secret,” “Top secret material attached,” “Confidential material attached,” “Training,” and more.

Constitution Day 2019: The Hidden Domestic Surveillance Crisis

As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
A map of France with binary computer code.

France’s Major Statement on International Law and Cyber: An Assessment

Leading expert on international law and cyberspace assesses major new position staked out by French government.
Protestors led by a coalition of interfaith religious leaders demonstrate against US immigration policy that separates parents from their children, June 23, 2018 outside the Otay Mesa Detention Center in San Diego, California. A sign reads, “Stop caging families,” and many protestors wear shirts reading, “& Vote.”

Fear and Loathing on the Border: A First-Hand Look at the Travesty

Far from the loophole-ridden sieve described by the administration, the asylum system we saw was a Kafka-esque labyrinth designed to punish migrants who dare to exercise their…
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