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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The first order of the Alien Terrorist Removal Court, issued by its Chief Judge Joan Ericksen, on July 16, 2026.

The Alien Terrorist Removal Court’s First Case

Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.
A voter marks a ballot at a standing booth labeled "Booth 6" with an American flag "VOTE" sign, while poll workers in masks and face shields sit at a check-in table in the foreground and another voter uses a booth in the background.

An Initial Readout of Trump’s Election-Interference Speech

An intelligence official on what the declassified material shows—and does not show—about foreign threats and the president’s allegation of an intelligence community cover-up.
The building of the International Criminal Court in The Hague in 2019. (Photo by OSeveno via Wikimedia Commons under Creative Commons license)

In Context: Analyzing Secretary Rubio’s International Criminal Court Op-Ed

International law scholars address some of the factual claims and underlying assumptions in Secretary Marco Rubio's op-ed on dismantling the International Criminal Court.
The Pentagon, headquarters of the U.S. Department of Defense, is seen from the air on February 8, 2025, in Washington, DC.

How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes

A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.
U.S. Secretary of Defense Pete Hegseth seated in the Oval Office of the White House.

Why It’s Wrong to Involuntarily Mobilize Reserve JAGs for Immigration Cases

Federal law specifies that involuntary mobilization is to be used only to provide military forces for war or national emergencies.

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers, Operation Southern Spear, Operation Absolute Resolve

Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.
The sun sets behind the U.S. Capitol Building on July 8, 2026 in Washington, DC.

Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress

In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.
Attorney General nominee Todd Blanche walks through a Senate office building hallway on Capitol Hill, surrounded by staff.

To Audition for the Role of Attorney General, Blanche Is Prosecuting to Please

Attorney General nominee Todd Blanche's prosecutions of Comey and others reveal a pattern of prosecutorial sycophancy — charges brought to please Trump.
Florida Governor Ron DeSantis stands before an American Flag backdrop.

The Dangers of Florida’s New “Terrorist” Designations

Anyone who cares about the First Amendment should be concerned about HB 1471 and the spread of state-level terrorism designation laws.

What does the Trump Administration Statement on Dismantling the ICC Really Mean?

International law experts respond to the Trump administration's campaign to "dismantle" the International Criminal Court.
The U.S. Supreme Court building is seen on July 1, 2026 in Washington, DC.

“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook

In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
Then-EAC Commissioners (left to right): Commissioner Thomas Hicks, Commissioner Christy McCormick, Commissioner Benjamin Hovland, and Former Commissioner Donald Palmer (Image source: EAC)

What is the Election Assistance Commission With No Commissioners?

An expert backgrounder on the implications of President Trump's removal of all members of the bipartisan commission.
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