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.
4,605 Articles
Time to Dust Off the War Crimes Act?–for an American ex-soldier now in command of UAE forces
Former members of the U.S. military are present in armed conflicts across the globe. Working for private military contractors, they are typically tasked with training and advising…
Gina Haspel and the Elusive Shadow of CIA Torture: A Response to Ben Wittes
"At Lawfare, Ben Wittes has a long post up titled 'Why I Support Gina Haspel—Despite a Big Reservation.' ... But the core of Ben's post is based on a point on which he and I…
Just Security Podcast: Mike Breen on the US Abandoning the Iran Nuclear Deal
President Donald Trump announces his decision to withdraw the United States from the 2015 Iran nuclear deal in the Diplomatic Room at the White House May 8, 2018. (Photo by Chip…
In Defense of Sovereignty in Cyberspace
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…
US – Pakistan Relations: A Marriage of Inconvenience
This article is the latest in a series we are producing in partnership Columbia Law School’s Human Rights Institute that features the voices of experts and advocates from…
The Haspel Nomination as a Referendum on (Un-)Accountability
One of the consistent themes of the Supreme Court’s jurisprudence over the past few decades has been aggressive hostility to “judge-made” remedies, i.e., the…
Just Security Podcast: Alex Whiting on Mueller/Sekulow’s 49 Questions
This week, news organizations, led by the New York Times, revealed a list of 49 questions that, depending on which account you read, are what Special Counsel Mueller wants to ask…
“I’m Going to Defend My Guys to My Last Breath” Morell’s Virtual Whitewash on the Destruction of CIA Videos
On Friday, April 20 the CIA declassified a memo, written in 2011 by then-Deputy Director Mike Morell, about the destruction of 92 videotapes of “enhanced interrogations” at…
What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?
A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…
The First Transfer of a Guantánamo Prisoner By the Trump Administration
On Wednesday, the Trump administration transferred longtime detainee Ahmed al-Darbi out of Guantánamo Bay. Although al-Darbi isn’t going free, this first transfer of a Guantanamo…
Can the Presidency Trump a Special Counsel Subpoena?
The possibility that Special Counsel Robert Mueller might issue a subpoena to President Trump to compel him to testify before a federal grand jury has, understandably, provoked…
So Far, Trump’s Border Guard Deployment Expected to Cost $180 Million
Because it was unsuccessful securing the amount of funding it wanted to build a wall on the U.S.-Mexico border, the Trump administration is moving ahead with its plan to deploy…