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
Like His Boss, Pence Misleads Public About Terrorism and Immigration
Vice President Mike Pence's statement this week about apprehending terrorists at the southern border was wrong and is consistent with the administration’s practice of dressing…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
(Not So) Fast and Furious Settlement in Congressional Subpoena Case
Efforts to settle lengthy litigation over congressional subpoena power and executive privilege hit a snag this week. Judge Amy Berman Jackson declined to vacate her executive privilege…
U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…
The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation
Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…
The Saudi Playbook: Self-Investigations of Civilian Deaths in Yemen and Khashoggi
We’ve been here before. Saudi Arabia has a sordid track record of announcing formal mechanisms to look into deaths of civilians at the hands of its own officers which have then…
What Would National Security Oversight Look Like in a Democratic House?
If Democrats assume control of the House of Representatives after the midterms, there's likely to be a torrent of oversight activity. Andy Wright, a former staff director and counsel…
The Torture of Forcibly Separating Children from their Parents
A detailed analysis of why the family separation policy amounts to government-sanctioned torture.
What Is the Flores Agreement, and What Happens If the Trump Administration Withdraws from It?
If the Trump administration succeeds in ending a decades-old court decision governing the treatment of migrant children, it will be able to detain migrant children indefinitely…
Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…
Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance
President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…