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.
4,711 Articles
A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War
"The law of war applies equally to U.S. forces and to ISIS, to Syria and to Russia. We should keep that in mind when we hear Ney recite Lieber’s dictum, 'The more vigorously…
Bill Barr’s Dangerous New Powers
Former Justice Dept and National Security Council officials explain their concerns about unprecedented powers President Trump handed his A.G.
A Step in the Right Direction: Militaries Changing Policies to Stop Using Schools
A fragile piece of papyrus dug up in Egypt in the 1970s shows that people have been struggling with the question of where soldiers should be quartered for thousands of years. The…
Remarks by Defense Dept General Counsel Paul C. Ney Jr. on the Law of War
The General Counsel of the U.S. Department of Defense, Hon. Paul C. Ney Jr., delivered the keynote address (full text below) at the Israel Defense Forces 3rd International Conference…
Post-9/11 Veterans Have Mixed Feelings About Trump’s War Crimes Pardons
In order to better understand how to think about this controversial decision, Iraq and Afghanistan Veterans of America (IAVA) conducted a flash poll this week, with over 1,600…
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code
"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…
Tax/Audit Reform Could Be the Legislative Purpose for Obtaining Trump’s Tax Returns
Recent congressional testimony reveals a legislative purpose for obtaining President Donald Trump's tax returns: reforming the taxing and auditing of high-income taxpayers.
When Is a “Literally True” Statement False and a Crime
"Reluctant witnesses, perhaps taking a cue from Attorney General William Barr’s April 9 testimony before a House committee, may think that so long as their testimony is literally…
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
New Legislation Offers Opportunity to Address 2001 Authorization for Use of Force, Amid Fears of War with Iran
Thanks to a new amendment that will be introduced today to must-pass legislation, Congress will have the opportunity to wrest greater control over its authorization of war under…