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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4,757 Articles
Demonstrators hold up signs as Environmental Protection Agency (EPA) chief Scott Pruitt testifies before the House Energy and Commerce Committee regarding his corruption. April 26, 2018 - Capitol Hill in Washington, DC. A sign reads, “Mr. Corruption.”

For Scientific Integrity in Government, Fix Political Appointments Process

The Brennan Center's National Task Force on Rule of Law and Democracy recommends ways to rein in abuses by converting long-held norms into law.
Secretary of State Mike Pompeo and acting White House Chief of Staff Mick Mulvaney in the Oval Office of the White House July 26, 2019.

Ukrainian Funding Delay Created a Paper Trail That Congress Should Follow

The Office of Management and Budget prevented the release of the Ukraine funding through its apportionment authority, a bureaucratic process that necessarily creates a paper trail.
U.S. Secretary of State Mike Pompeo takes a question during a press conference on the sidelines of the United Nations General Assembly on September 26, 2019 in New York City.

Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction

The Trump administration now seems to be reverting to its previous strategy of total obstruction based on maximalist interpretations of executive authority.
Gregory Craig, former White House counsel to U.S. President Barack Obama, arrives at federal court September 3, 2019 in Washington, DC.

Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

In an offshoot of the Paul Manafort case in Special Counsel Robert Mueller's investigation, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted…
U.S. Secretary of State Mike Pompeo testifies during a hearing before the House Foreign Affairs Committee May 23, 2018 on Capitol Hill in Washington, DC.

Deciphering the Pompeo-House Clash Over Witnesses

Top congressional oversight expert breaks it down — what are the competing claims, and which ones are stronger or weaker?
House Speaker Nancy Pelosi (D-CA) speaks during a weekly news conference on Capitol Hill on September 26, 2019 in Washington, DC.

There Is No Constitutional Impediment to an Impeachment Inquiry that Concerns National Security

The Constitution assigns the House of Representatives the impeachment power precisely to address situations where an urgent national security risk means accountability can’t…
The flags outside the United Nations building in New York City.

On the Principle of Non-Use of Force in Current International Law

[Editor’s note from co-editor-in-chief Ryan Goodman: Just Security publishes, on very rare occasions, a long form analysis by a leading scholar or other expert on an important…
Trump with the Russian foreign minister, Sergey Lavrov, and the Russian ambassador, Sergey Kislyak, at the White House on Wednesday, May 10, 2017.

Trump Goes Full Putin—Capitulation Inside the Oval Office

Trump's following Putin's whataboutism not simply for public consumption. He’s apparently internalized it and turned it against the United States.
Binary code lit up in blue lights

An Overview of International Humanitarian Law in France’s New Cyber Document

France's positions explained - with translations of key text - on important issues like the meaning of "attack" and the application of the principles of distinction and proportionality…
Trump talks to Giuliani as they exit the clubhouse following their meeting at Trump International Golf Club, November 20, 2016 in Bedminster Township, New Jersey.

The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws

Top election law expert writes about "the absurdity of the Justice Department’s refusal to investigate."
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…
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