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
Top Legal Ethics Expert (Stephen Gillers) Writes: Whitaker Should Be Recused
Top ethics expert clears up some fuzzy thinking about how legal ethics and issues of recusal apply to Acting Attorney General Matt Whitaker and the Russia investigation.
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing Mueller—and Only “Norms” Could Stop Him
Matt Whitaker could try to kill off Russia investigations long before American public becomes aware of what he's done. Here's how and here's what's (not) stopping him.
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation
Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.” The President promptly tweeted: “We are pleased to announce…
Update: The Military, the Mexican Border and Posse Comitatus
Unlike the earlier deployment of National Guard personnel, the use of federal forces raises new issues concerning what they are permitted to do.
Countering Russian Election Hacks
Explainer on the legal triggers, limits, and powers of Pentagon's new authority to prepare and conduct cyber response if Russia hacks into midterms votes.
It’s Time to Put CVE to Bed
In the wake of the Tree of Life Synagogue shooting in Pittsburgh, many commentators have criticized the Trump administration’s revocation of grants meant to target far-right…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Trump Admin Says It’s Open to Suggestions to Prevent Far-Right Violence. Here Are a Few.
Here are just a few ideas for what the Trump administration can do to address the threat from violent individuals bent on attacking minorities and those perceived as their supporters.
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
How Dangerous—and How New—Is the Defense Department’s “Collective Self-Defense” Theory?
The Defense Department’s reliance on a broad interpretation of “collective self-defense” appears to authorize military operations further removed from congressional approval…
Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…