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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4,605 Articles
Media gathers around France's minister for Immigration Eric Besson as he speaks with a US Customs and Border Protection (CBP) agent on September 2, 2010 during the launching of the US Immigration Advisory Program (IAP) at Roissy Charles De Gaulle airport, near Paris.

Counterterrorism and Homeland Security Are Not the Same Thing

Counterterrorism and homeland security are not the same thing. It is not surprising though that the two get intertwined and conflated. The Department of Homeland Security (DHS)…
U.S. President Donald Trump holds up his fist after he spoke on border security at a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in February 2019

Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
A protest sign reading "Khashoggi way" is seen across the street from the White House in Washington, DC, on December 23, 2018.

The Missing Khashoggi Report: A President Can’t Choose to “Decline” His Constitutional Role to Accommodate Congressional Oversight

Trump's decision to ignore Congress' deadline on responsibility for Jamal Khashoggi's murder misunderstands congressional oversight. In the complex dance that is the accommodations…
Subcommittee ranking member Sen. Sheldon Whitehouse (D-RI) speaks as Sen. Dick Durbin (D-IL) looks on during a Senate Judiciary Subcommittee on Crime and Terrorism hearing titled 'Extremist Content and Russian Disinformation Online' on Capitol Hill, October 31, 2017 in Washington, DC. A sign behind them reads, “The Russian Toolbox in the 2016 Election – Propaganda, Fake News, Trolls, and Bots: Yes – Hacking and Theft of Political Information: Yes – Timed Leaks of Damaging Material: Yes“

The Seven Step Program for Fighting Disinformation

A full-spectrum strategy is needed to proactively prepare for the next wave of social-media and internet-based psychological disinformation operations.
Small Business and Entrepreneurship Committee Chairman James Risch (R-ID), Senate Majority Leader Mitch McConnell (R-KY) and Senate Majority Whip John Cornyn (R-TX)

Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views

The Trump administration has refused to submit a report to Congress, as required by federal statute, providing a determination whether Saudi Arabia's Crown Prince Mohammed bin…
Nawaf, a 22-year-old Bahraini suspected of collaboration for the Islamic State Group (IS) and currently detained by the Kurdish People's Protection Units (YPG), gives an interview at a house near a police station in Rumaylan (Rmeilan) in Syria's northeastern Hasakeh province on February 13, 2018.

Shifted Burdens: The U.S. as Detainer of Last Resort

The United States should resist become a detainer of last resort when states refuse to repatriate their nationals being detained in Syria.
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply

As the Watergate scandal deepened in November 1973, President Richard Nixon declared: “People have got to know whether or not their President is a crook.” Nixon was right.…
People and vehicles pass over the Paso Del Norte Port of Entry bridge which connects the United States and Mexico on January 19, 2019 in El Paso, Texas.

Exclusive: Full Text of Bipartisan Declaration of Former Senior U.S. Officials Refuting President’s Claim of a National Emergency at Southern Border

Document: Full Text of Declaration of Former Senior U.S. Officials on National Emergency Declaration for Southern Border.
Sudanese President Omar al-Bashir delivers a speech to the nation on February 22, 2019, at the presidential palace in the capital Khartoum.

“Just fall, that is all!” Is Sudan on the Brink of Change?

Sudan has entered the third month of widespread and sustained protests across the country, and there is now some indication that President Omar al-Bashir’s grip on power is weakening.…
Cars wait 02 October 2004 at a checkpoint at the Syrian-Iraqi border point of Al-Tanf, 270kms northeast of Damascus.

What’s the Mission in Syria? The Answer May be Illegal and Without U.S. Allies’ Support

Statements about a US "peacekeeping" force and a mission to counter-Iran raise serious legal questions and threaten to unravel U.S. allies' support for future U.S. operations inside…
Sen. Lisa Murkowski (R-AK) delivers remarks during an event to celebrate Congress passing the Tax Cuts and Jobs Act with President Donald Trump, Rep. Don Young (R-AK), Sen. Dan Sullivan (R-AK) and fellow Republican members of the House and Senate on the South Lawn of the White House December 20, 2017 in Washington, DC.

Military Construction Funds and Local Politics that Will Shape GOP’s Stance on Trump’s Emergency Declaration

The politics of military construction will make the upcoming Senate vote on Trump's national emergency declaration a tough one for GOP members: they face a series of bad options…
Trump speaks on "border security" during a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Power Struggle Over the Wall: Presidential Emergency Powers vs. Congressional Power of the Purse

Powerful piece by former Under Secretary of Defense (Comptroller)/Chief Financial Officer. Bottom Line Up Front: "If I had been directed, when I was Chief Financial Officer…
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