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
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Digital Free for All Part Deux: European Commission Proposal on E-Evidence

The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…

Does the U.S. “Deliberately Misinterpret” the Laws of War?–A Response to Gabor Rona

I recently wrote about problems in the Pentagon’s procedures for post-strike civilian casualty assessments in places like Iraq and Syria. Gabor Rona’s letter-to-the-editor,…

Letter to the Editor: Much More Iceberg Below the Surface on Civilian Casualties

[Editor’s note: Ryan Goodman responds to Gabor Rona in a follow-on piece.] Ryan Goodman makes a compelling case that the United States undercounts its civilian casualties.…

Legal Limits on Military Assistance to Proxy Forces: Pathways for State and Official Responsibility

This article is the latest in our Fog of Law series that examines the gray zones in international law and conflict that can be exploited by states. The series comes in advance…

AI, Law of Armed Conflict, and “Liminal” Conflict Among Technological Peer Great Powers

Above: People look at drones the Ukrainian government claims it recovered in eastern Ukraine that prove direct Russian involvement in the fighting between Ukrainian troops and…

The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers

The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…

What the Heck is Happening in Al-Nashiri?: The Ten-Layer Dip at the Heart of the Latest Guantánamo Mess

It’s hard to imagine a better microcosm of everything that’s gone wrong with the Guantánamo military commissions than the current headaches arising out of the prosecution…

With Western Diplomacy Under Assault, Only European Stewardship Can Save It

The “Free World,” as a term for the global community of free-market democracies, owes its origins to Frank Capra’s 1943 propaganda film, Why We Fight, which laid out the…

DHS: Not Entitled to Its Own Facts

Despite DHS’s breathless claims to the contrary, its numbers don’t demonstrate a "continuing security crisis" along the U.S.-Mexico border.
B-1 plane is refueled by a 135 plane. The image shows the B-1 from above and inside the 135.

Ambiguity in the Conduct of Hostilities

This article is the latest in our Fog of Law series that examines the gray zones in international law and conflict that can be exploited by states. The series comes in advance…

Just Security Podcast: Laura Rozen on the Iran Deal

On a day that felt like it was dominated by headlines about Gina Haspel, Michael Cohen, and American hostages being freed from North Korea, Al-Monitor Diplomatic Correspondent…

Can An Insider Save CIA From Itself?

As confirmation hearings loom for Gina Haspel to be director of CIA, the focus has understandably been on what actions she might have taken in the Agency’s enhanced interrogation…
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