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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Just Security

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…
Australian founder of whistleblowing website, 'WikiLeaks', Julian Assange holds up a copy of today's Guardian newspaper during a press conference in London on July 26, 2010. The headline reads, “Massive leak of secret files exposes true Afghan war.”

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…
Sen. Cory Booker, Sen. Elizabeth Warren, former Texas congressman Beto O'Rourke, Sen. Amy Klobuchar, Rep. Tulsi Gabbard, Washington Gov. Jay Inslee, and former Maryland congressman John Delaney take the stage during the first night of the Democratic presidential debate on June 26, 2019 in Miami, Florida.

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.
Side-by-side photos of Trump and Donaldson

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…
Maps showing US and Iranian reports of drone paths.

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."
The State Department's director of policy planning and head of the Iran Action Group, Brian Hook, shakes hands with US Secretary of State Mike Pompeo after the announcement of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

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…
Fire and smoke billowing from Norwegian owned Front Altair tanker said to have been attacked in the waters of the Gulf of Oman on June 13, 2019.

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.
The end of a section of the border wall stands on the U.S. side of the U.S.-Mexico border, with Tijuana in the background, on April 3, 2019 in Otay Mesa, California. U.S.

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…
High tension electrical power lines at a transfer station along Highway 58 are viewed on March 28, 2017, near Buttonwillow, California.

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…
Logo for Tom Lantos Human Rights Commission United States Congress - Universal Declaration of Human Rights

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…
Afghan residents clear rubble from their homes after they were damaged by US airstrikes during ongoing clashes with Islamic State (IS) militants in the Achin district of Nangarhar province on September 12, 2017.

Defense Policy Bill Should Require Reporting of Ex Gratia Payments

Without mandatory reporting on condolence payments in the National Defense Authorization Act, Congress—and the public—may remain in the dark about whether and how the Defense…
Just Security

Marik String Appointment as State Department’s Top Lawyer Raises Questions

As a former senior State Department official put it, “The idea that someone so few years out of law school, and not even practicing law for all that time, is in the office occupied…
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