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.
4,757 Articles

In 2019, Will the Global March of Authoritarianism Turn Into a Stampede … or a Slog?
The global march of authoritarianism is off to a vigorous start this year. And if 2018 and the impending milestones of 2019 are any indication, the standoff between democracy and…

Int’l Human Rights Law and Trump’s Invocation of Emergency Powers
How human rights law regulates emergency powers, and how Trump may break it.

The Status of Guantanamo 17 Years In
Seventeen years ago today, the United States brought twenty Afghan men, alleged to be members of the Taliban or al-Qaeda, to its Naval Base at Guantanamo Bay, Cuba. Images of the…

Trump Campaign in Legal Jeopardy Over Manafort’s Sharing Data with Russian Agent
According to a court filing earlier this week, former 2016 Trump campaign chairman Paul Manafort shared presidential campaign polling data with Konstantin Kilimnik, a Russian citizen…

When the Pardon Furthers the Conspiracy: Limits to the Pardon Power
As the special counsel investigation into Russian interference in the 2016 election continues to close in on President Donald Trump and his closest advisors, there have been reinvigorated…

Annotation of the Pentagon Report to Congress on Detainee Abuse by U.S. Partners in Yemen
In a mere two pages of carefully parsed prose, DoD has provided what can only be described as a deliberately misleading and deceptively evasive account of U.S. and Emirati actions…

A Caution to Pentagon Officials Asked to Obligate “National Emergency” Funds
The President reportedly is contemplating declaring there to be a “national emergency” at our southern border, and directing the Department of Defense (DoD) to finance the…

Terrorists and the Southern Border: Myth and Reality
"The Intelligence Community is almost certainly not able to stand publicly behind what the White House and DHS are saying."

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…