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

With New U.S. Arms Sale Pending–What Happened to Saudi Assurances on Civilian Casualties in Yemen?

To get an arms sale past Congress last year, Saudi Arabia promised $750 million to prevent civilian casualties in Yemen. The civilian death toll has since risen.

Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth

The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…
Passengers at O'Hare International Airport wait in line to be screened at a Transportation Security Administration (TSA) checkpoint on May 16, 2016 in Chicago, Illinois.

Does TSA Really Need a Watch List for “Unruly” Travelers?

There appears to be little justification for the new TSA watch list and lots of questions about how it might be used to harass and intimidate agency critics and even just rude…

Holding Migrant Children on Military Bases:  What You Need to Know

The Washington Post recently reported that the Trump administration is making preparations to hold migrant children on U.S. military bases while their parents are pending trial…

View from Socotra Island: Yemen War and Threats to the UN Charter

A small Yemeni island was recently at the center of a little-noticed standoff between three states—Yemen, the United Arab Emirates (UAE), and Saudi Arabia. The dispute reveals…
A gambler’s hand throws dices on a craps table at casino.

Trump’s Subpoena Gamble: Fighting It Could Open Door to Indictment

If President Trump litigates the question whether the special counsel can subpoena him, the courts may ending up also saying a sitting president can be indicted.

A Possible US-EU Agreement on Law Enforcement Access to Data?

[Cross-posted on Lawfare] Attorney General Jeff Sessions is scheduled to fly to Sofia, Bulgaria for a May 22 meeting with senior European law enforcement officials.  In the wake…

The Unknown Cost of America’s Counterterrorism Efforts

A Stimson Center working group released a study last week on the costs of America’s counterterrorism efforts, and it found about what you’d expect: nearly 17 years after 9/11,…

Trump’s Escalating Assault on the Justice Department:  Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement

President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…

Dispelling the NYT’s “The Daily” Podcast’s Misconceptions about Mueller’s Options

Professor Goodman explodes four common myths about Mueller's options if the special counsel finds the President engaged in criminal activity. Some avenues are closed or risky,…

Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide

Harold Koh and the Yale Law School Rule of Law Clinic should be proud of their work. Released on April 18, the Clinic’s “Reader’s Guide” to Section 4 of the Twenty-Fifth…

Contempt of Congress, Contempt by Congress

The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…
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