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
John Bolton: A Threat At Home And Abroad?
On April 9th, General H.R. McMaster will vacate the National Security Advisor position for a man widely viewed as his temperamental and intellectual opposite: former U.N. ambassador…
Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part I)
This backgrounder covers the key issues of jurisdiction now that the Court is set to open an investigation that may cover alleged torture by US officials.
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…
U.S. Federal Statute on Aiding and Abetting: War Crimes in Yemen – Part II
This piece is the second of two on U.S. operations in Yemen and the War Crimes Act, and the latest article in our forum on the Yemen crisis and the law. In September 2017, Ryan…
Civilian Casualties and Effectiveness of U.S. Drone Strikes in Yemen
This is the first of two articles on U.S. counterterrorism operations in Yemen. It also the latest in a new series we are producing in partnership Columbia Law School’s Human…
The US, the War in Yemen, and the War Crimes Act – Part I
Editor’s Note: This is the third piece in our forum on the Yemen crisis and the law. The United States has conducted extensive airstrikes in Yemen since 2011, against both al-Qaeda…
Just Security Podcast: The White House’s “Pardon Dangle” and Obstruction of Justice
News that White House lawyer John Dowd broached the possibility of pardoning Paul Manafort and Michael Flynn has prompted many experts to question whether Dowd could face charges.…
Exclusive: Mattis Drafting Specific Options for Using Defense Dollars to Pay for Trump’s Wall
Defense Secretary Jim Mattis feels that, at the very least, he owes Trump options for how the military could build the border wall, but all of them are fraught with political and…
Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute
According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…
The Senate Can’t Hide From Debating U.S. Assistance to the Saudi War in Yemen
Last week, the Senate debated a resolution proposed by Senators Sanders, Lee, and Murphy under the War Powers Resolution (WPR) to end U.S. assistance to the Saudis in their war…