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.
4,605 Articles
Trump’s Plan to Have the Military Build a Wall is Illegal
As the shutdown stretches on, the Trump administration is beginning to realize the severity of its consequences for millions of Americans, and is desperately searching for a way…
Wrecking the Government to Build a Wall
Washington has muddled into and out of shutdowns before, but this one has the potential to be dangerously historic. The current impasse may become the straw that breaks the camel’s…
Untangling the Issues in the “Transgender in the Military” Litigation
A few weeks ago, the Department of Justice made something of a splash by filing petitions for certiorari “before judgment” in three of the pending cases challenging then-Secretary…
If Trump’s Syria and Afghanistan Decisions Seem Bad, Imagine What He’d Do in a Crisis
National security advisors for presidents of both parties have developed a process over 70 years to optimize decision-making. That's particularly critical in those moments of extraordinary…
Norms Watch: Damage to Democracy and Rule of Law in December 2018
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…
Give Up the Ghost: A Backdoor by Another Name
Government Communications Headquarters (GCHQ,) the UK’s counterpart to the National Security Agency (NSA), has fired the latest shot in the crypto wars. In a post to Lawfare…
New Year Thoughts on the Role of Chief of Staff and Trump White House Dysfunction
The White House chief of staff position is again in transition. It is the top staff job in government — a momentous position that merits a broad look at its roles and responsibilities.…
New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights
When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…
Getting Over the Wall
"The Wall is not the border security panacea that warrants the zero-sum brinkmanship that holds the federal workforce as a hostage."
What’s Noticeably Missing from the Whitaker Nonrecusal Explanation
The Department of Justice issued a letter yesterday explaining why Matthew Whitaker has decided he won’t recuse from superintending the Russia Investigation overseen by Special…
A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation
"It’s not hard to summarize Barr’s views because they're so shockingly categorical and so extreme."
U.S. Air Strike Data from Afghanistan Takes Step Back in Transparency
The U.S. military has stopped publishing important information on its air war in Afghanistan, just two months after deciding to release it. In October, the U.S. began publishing…