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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4,605 Articles
Advertisements for Fox News and Bill O'Reilly stand in the windows outside of the News Corp. and Fox News headquarters in Midtown Manhattan, April 19, 2017 in New York City. A single bike rack barrier stands in front of the windows, and light stands, turned off, are pointed toward it.

How “Yanny” Versus “Laurel” Explains Today’s Politics

It doesn’t matter if you hear “Laurel” or “Yanny.” But it matters a whole lot if you can’t fathom why someone might disagree with you on immigration, or health care,…
As the U.S. Capitol is seen in the background, a CCTV camera is mounted on a building roof November 3, 2017 in Washington, DC.

What If Police Use ‘Rekognition’ Without Telling Defendants?

At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…

Will Trump Administration Claim Congress Authorized Force against Iran?–Analysis of Existing Statutory Authority and New Proposals

Could recent Trump administration comments indicate an attempt to justify war on grounds beyond Iran’s nuclear program?  If so, would the administration be able to make a serious…

OLC’s Formal (and Remarkably Broad) Defense of the April Syria Strikes

This morning, the Justice Department's Office of Legal Counsel posted a formal, 22-page opinion, concluding that the April 13 airstrikes on Syria were lawful.
The USS John S. McCain conducts a routine patrol in the South China Sea, Jan. 22, 2017, against a pink and purple sky.

The South China Sea’s Muddled and Increasingly Militarized Future

The Chinese Air Force recently landed a number of bombers on a heavily disputed “island” in the South China Sea. The military landings follow the placement of three anti-ship…

Trump Might Be Surprised to Learn: Justice “Spy” Tactics Used on Dem Politicians Too

During the Obama administration, the Justice Department routinely used “spy” tactics to investigate Democratic campaigns and politicians.

Self-Defense Against Self-Defense, In Syria And Beyond

For many years, the United States and some of its allies have taken the view that one state (say, one of them) may use armed force on the territory of another state (say, Pakistan…
A graphic design of a person or android’s head in blue covered in lights depicting coding. Binary numbers run up and down the side of the page next to the person.

The Technicolor Zone of Cyberspace – Part I

Two leading experts on cyber law analyze the U.K. Attorney General's major speech on international law and cyber, delivered at Chatham House last month.

The National Security Threat of Trump’s Defense Budget

As a former military officer and national security appointee under President Barack Obama, I know firsthand the value of U.S. defense spending for securing the United States and…

A Cosmic Legal Collision: The Engineer vs. The Border Patrol

For a quarter of a century, Terry Bressi, staff member and chief engineer for the Spacewatch Project at the University of Arizona’s Lunar & Planetary Lab, has had two…

No, Making the Iran Deal a Treaty Wouldn’t Have Stopped Trump from Withdrawing from It

Since President Trump announced his decision to withdraw from the Iran nuclear deal, legal scholars, elected officials, and political commentators have suggested that the non-binding…

Senator Merkley’s Smart New Alternative AUMF Proposal

Yesterday, Senator Jeff Merkley (D-Ore.) released a new proposal for an authorization to use military force, or “AUMF.” As Merkley explained in last week’s AUMF hearing before…
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