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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4,757 Articles
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Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness

Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
Chairman Jerry Nadler speaks as US Attorney General Bill Barr fails to attend a hearing before the House Judiciary Committee on Capitol Hill in Washington, DC, on May 2, 2019.

McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness

Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
U.S. Secretary of State Mike Pompeo (R) and Israeli Prime Minister Benjamin Netanyahu talk during the group photo at the Ministerial to Promote a Future of Peace and Security in the Middle East on February 14, 2019 in Warsaw, Poland.

Trump’s Golan Policy and Its Threat to the Post-War International Legal Order

Yale Law professors Oona Hathaway and Scott Shapiro, authors of an award-winning book on the use of force, respond directly to a Wall Street Journal op-ed by Secretary of State…
Two Pakistani local residents gather around a destroyed vehicle hit by a drone strike in which Afghan Taliban Chief Mullah Akhtar Mansour was believed to be travelling in the remote town of Ahmad Wal in Balochistan, around 160 kilometres west of Quetta. The vehicle is on fire.

‘Flying Ginsu’ Missile Won’t Resolve U.S. Targeted Killing Controversy

Proponents of a new, modified Hellfire missile called the R9X tout it as a game-changer that can spare more civilian lives than traditional Hellfires. But the new technology can…
Side-by-side photos of Mueller and Trump.

Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President

Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
Nixon flashes the victory hand signal as he stands outside a helicopter.

Lesson from Nixon: With Today’s Facts, Impeaching Trump Won’t Work

Impeachment of a president is a political act by Congress requiring time, facts, and bipartisan support in both the House and the Senate. The Nixon impeachment had all that. Trump's…
Side-by-side photos of Nixon and Trump.

The Precedent for Impeachment: Nixon, Not Clinton

[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and…

An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump Pre-Impeachment

Blumenthal writes, "The Clinton example as a predictor should be dispensed with in considering Trump. ... Trump proceeds from a much weaker position than Nixon. He depends entirely…
Side-by-side photos of Rudy Giuliani and Jay Sekulow.

All the President’s Lawyers: A Chart of Misconduct and Possible Crimes Revealed by Mueller Report

A nine-page Chart closely tracks the Mueller Report’s references to potential wrongdoing by President Trump’s personal lawyers.
Canadian flags line the walkway in front of the Parliament in Ottawa, Ontario, October 2, 2017.

Canada Considers Most Far-Reaching Intell Reforms in Decades

The proposed bill strikes a healthy balance between facing up to new cyber-threats and ensuring accountability and oversight.
A copy of the Mueller Report opened to page 166 and 167. Significant portions of the text are redacted.

Enforcing Congressional Subpoenas: A Modest Proposal

A change in the law that would enhance Congress’s ability to extract information from the executive branch is a heavy lift, particularly in the current climate. With that in…
House Judiciary Chairman Rep. Jerrold Nadler (D-NY) holds up copies of the Starr Report during a House Judiciary Committee markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report, on Capitol Hill April 3, 2019 in Washington, DC.

The Barr-Nadler Subpoena Standoff: Still Room for Accommodation?

In its standoff with the House Judiciary Committee over the Mueller report, the Justice Department’s assertions when it comes to protecting its law enforcement equities, are…
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