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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Treasury Secretary Steven Mnuchin, White House National Security Advisor John Bolton and Vice President Mike Pence listen to President Donald Trump announce his decision to withdraw the United States from the 2015 Iran nuclear deal in the Diplomatic Room at the White House May 8, 2018 in Washington, DC.

About that Trial Balloon on Using 9/11 AUMF to Authorize Strikes on Iran

Monday’s Washington Times included a breathless “Exclusive” report titled “Iran-al Qaeda Alliance May Provide Legal Rationale for U.S. Military Strikes.” In the piece,…
Hassan Shibly, lawyer for 24-year-old Hoda Muthana, looks at a phone in his office in Tampa, Florida, on February 20, 2019.

Unpacking (Some of) the Legal Issues Surrounding Hoda Muthana

Even before the President weighed in on Twitter, there’s been substantial discussion about the fate of so-called “ISIS bride” Hoda Muthana, and her apparent desire…
A US worker and cement truck along construction of 32km of the border wall by order of US President Donald Trump on the border between Ciudad Juarez, Chihuahua state, Mexico and Santa Teresa, New Mexico state, US, on April 17, 2018.

What You Need to Know about the “National Emergency Declaration”

Editor’s Note: This article was updated after the President’s announcement to add a fifth analysis. President Donald Trump declared a national emergency on Friday,…

Secretary Pompeo: More Russia Sanctions Are Coming … Sometime

This article is cross-posted at Steptoe International Compliance Blog. On February 13, 2019, the State Department provided a summary of Secretary of State Mike Pompeo’s recent…
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY) and House Minority Leader Nancy Pelosi (D-CA), confer during a ceremony awarding former Senate Majority Leader Bob Dole the Congressional Gold Medal at the U.S. Capitol on January 17, 2017 in Washington, DC.

So This Is What Congress’ Getting Involved in Foreign Affairs Looks Like

Analysts and scholars have long wondered what it would look like if Congress reasserted itself in foreign affairs.  It’s a role that Just Security Founding Editor (and my former…
Trump and Putin speak while waiting for a meeting in Helsinki, on July 16, 2018. American and Russian flags stand in the background and two staffers sit with paper notebooks on the sides.

Will Executive Privilege Block Congress’ Access to Trump-Putin Helsinki Meeting Notes?

Executive privilege looms large as Congress seeks translator's notes about the off-books Trump-Putin meeting in Helsinki. But that is only the beginning of the separation of powers…
Judges Marc Perrin de Brichambaut, Bertram Schmitt and Raul Pangalangan sit in the courtroom prior to the sentencing of Congolese vice president Jean-Pierre Bemba and his accomplices before the International Criminal Court (ICC) in The Hague, The Netherlands, on March 22, 2017.

ICC Judge Schmitt Counsels Resilience to Preserve International Justice

Editor’s note: At a difficult time for the International Criminal Court (ICC)—criticism over recent rulings, resistance from current and prospective members, and threats from…
Volunteers look at ballots during a hand recount at the Supervisor of Elections Service Center on November 18, 2018 in Palm Beach, Florida.

Election Security: Questions for the House Homeland Security Hearing

The U.S. House Committee on Homeland Security is conducting a hearing on election security tomorrow. It’s part of a series the new Democratic majority in the House is holding…

The Pentagon’s Latest Report on Civilian Casualties Policy

Late on Friday night, the Pentagon submitted to Congress and publicly released a 17-page report required under the 2019 John S. McCain National Defense Authorization Act (NDAA)…
Yemen and surrounding area on a map.

Congress, Saudi Arabia, and the Conflict in Yemen: Where do We Go from Here?

Congress has strong options to constrain U.S. involvement in Yemen's civil war and hold Saudi Arabia's leadership accountable for human rights abuses, including the killing of…
International Human Rights Unit seal reads, "No Safe Haven - Criminal Investigative Division"

EXCLUSIVE: FBI’s War Crimes Unit on the Chopping Block

The FBI's International Human Rights Unit may be dissolved, according to US officials. Here's why that's a bad idea, writes Beth Van Schaack.
Acting Attorney General Matthew Whitaker delivers remarks to the Joint Terrorism Task Force on November 21, 2018 in New York City.

The Whitaker Hearing: Potential Executive Privilege and Subpoena Fireworks

It appears acting Attorney General Matthew Whitaker allowed an important deadline to pass on the eve of his testimony before the House Judiciary Committee. Rep. Jerrold Nadler…
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