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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Michael Cohen, former attorney and fixer for President Donald Trump makes a statement to the news media after testifying before the House Oversight and Government Reform Committee in the Rayburn House Office Building on Capitol Hill February 27, 2019 in Washington, DC.

‘Fixer’ Unbound: Public Confidence in Attorneys, Not Just the President, at Stake

Lawyers may be judged by the company they keep, but not by the clients they represent. Attorneys routinely advocate positions they disfavor on behalf of clients whose views and…
An MQ-1 Predator unmanned aerial vehicle and F-16 Fighting Falcon return from an Operation Iraqi Freedom combat mission.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.
The Arleigh Burke-class destroyer USS John S. McCain (DDG 56), the Philippine navy frigate BRP Gregaorio del Pilar (PF-15) and the Philippine navy frigate BRP Ramon Alcaraz (PF-16) steam in formation during Cooperation Afloat Readiness and Training (CARAT) Philippines 2014.

The US-Philippines Defense Treaty and the Pompeo Doctrine on South China Sea

A major statement by Sec. Mike Pompeo on U.S. coming to the military defense of the Philippines against China. A legal expert explains the implications.

I Helped Write the Exec Order on Public Reporting of Lethal Operations. Here’s What Trump Has Undone.

"Multiple press accounts have cited some of the key problems with the rescission, the backlash from transparency advocates, and why, unsurprisingly, the Trump administration has…
The logos of the U.S. Department of Homeland Security are seen on computer terminals in a training room of the Cyber Crimes Center of the U.S. Immigration and Customs Enforcement October 13, 2009 in Fairfax, Virginia.

Homeland Security’s Intelligence Overreach: Two Cases Illustrate Risks to Civil Society

The Department of Homeland Security is deploying its intelligence apparatus against activists, journalists, and human rights lawyers, with no guard rails against abuse in place.…
Committee Chairman Sen. Richard Burr (R-NC), Committee Vice Chairman Sen. Mark Warner (D-VA), and Sen. Dianne Feinstein (D-CA) listen during a hearing before Senate (Select) Intelligence Committee March 7, 2018 on Capitol Hill in Washington, DC.

President Trump’s Cronyism and Excesses Should Prompt Security Clearance Reform

The Trump years threaten to become a boiling point for numerous simmering constitutional conflicts, but one of the most innocuous-looking might end up being one of the most important.…

Trump’s Revocation of Reporting on Lethal Strikes: All Eyes on Congress, Now

On Wednesday, President Donald Trump issued an Executive Order revoking a section of President Barack Obama’s Executive Order on civilian casualties that required annual reporting…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) (C) and ranking member Rep. Doug Collins (R-GA) talk before a hearing on gun violence legislation in the Rayburn House Office Building on Capitol Hill February 06, 2019 in Washington, DC.

The Ripening: The House Judiciary Committee Investigation Will Bear Fruit

The House Judiciary Committee sent out document requests to 81 parties associated with President Donald Trump in its wide-ranging investigation into “allegations of corruption,…
Senior Advisor Jared Kushner and Secretary of Homeland Security John Kelly listen while US President Donald Trump puts his papers away at the beginning of a meeting on cyber security in the Roosevelt Room of the White House January 31, 2017 in Washington, DC.

The White House Counsel’s Flawed Response to Congress on Security Clearances

Intensifying congressional oversight activity prompted President Donald Trump to accuse Democrats of “presidential harassment.” He complained — falsely — that President…
Committee Chairman Rep. Ed Royce (R-CA) (C) speaks as Syrian Army defector "Caesar," who has smuggled out of Syria more than 50,000 photographs that document the torture and execution of more than 10,000 dissidents, listens through an interpreter during a briefing before House Foreign Affairs Committee July 31, 2014 on Capitol Hill in Washington, DC. Photos in the background show disturbing images of the torture and deaths.

BREAKING: United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

"On Tuesday, the United States government issued a statement supporting Germany’s request to Lebanon to extradite a high-ranking Syrian official accused of war crimes and crimes…
Media gathers around France's minister for Immigration Eric Besson as he speaks with a US Customs and Border Protection (CBP) agent on September 2, 2010 during the launching of the US Immigration Advisory Program (IAP) at Roissy Charles De Gaulle airport, near Paris.

Counterterrorism and Homeland Security Are Not the Same Thing

Counterterrorism and homeland security are not the same thing. It is not surprising though that the two get intertwined and conflated. The Department of Homeland Security (DHS)…
U.S. President Donald Trump holds up his fist after he spoke on border security at a Rose Garden event at the White House February 15, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in February 2019

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…
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