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

The Yemen Crisis and the Law: The Saudi-Led Campaign and U.S. Involvement

Easily overlooked amidst the news cycle of the Trump era, the war between the Saudi Arabia-led coalition and an alliance of local factions in Yemen continues apace. The conflict…
U.S. F-35B fighter jets drop GBU-32 bomb during a training at the Pilsung Firing Range on September 18, 2017 in Gangwon-do, South Korea. The fighter jets fly above the clouds.

The “Shift Cold” Military Tactic: Finding Room Under International Law

It should surprise no one that evolving military practice raises novel legal questions. It may surprise many that the increasing use of “shift cold” techniques by advanced…
A Block 30 F-16 from the 416th Flight Test Squadron drops a Joint Direct Attack Munition (JDAM) during testing in January, 2003 at Edwards Air Force Base in California.

The “Shift Cold” Military Tactic and International Humanitarian Law

New technology allows for new military tactics in urban warfare. Legal questions have been raised about a military practice--called "shift cold"--in which an operator redirects…

The Indictment of Russia’s Super PAC and the Open Question of Trump Campaign Complicity

Russia's Internet Research Agency is now revealed to have been among the largest Super PACs operating in the 2016 elections. This is now clearly one of the major campaign finance…

Impunity for U.S.-Funded Warlords in Afghanistan

The U.S. is unable or unwilling to stop funding units in Afghanistan that engage in serious human rights violations, according to a new SIGAR report. Lt. Gen. Abdul Raziq, the…

“Reasonable Certainty” vs “Near Certainty” in Military Targeting–What the Law Requires

Former deputy legal counsel to the Chairman of the Joint Chiefs of Staff, Commander (ret.) Mike Adams and former Special Counsel to General Counsel of the Dep’t of Defense, Ryan…

Let’s Leave “Crisis” and “Emergency” For the Real Thing

Samantha Vinograd, who served on President Barack Obama’s National Security Council and as deputy U.S. Treasury attaché to Iraq during the Bush Administration, has recently…

The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria

Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…

Episode 59 of the National Security Law Podcast: Share the Cookies

We don’t lack for topics this week!  In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

I’ve Been Part of the Problem: Politicizing General Officer Influence

Trump's number of flag officers in high-level civilian positions goes beyond the norm, but his administration is not the only one who’s sought to take advantage of the unique…

Brand Loyalty

For the No. 3 lawyer at the Justice Department to quit after just nine months on the job is, to say the least, unusual. Under the Trump administration, where the downright bizarre…

Why the White House “System” for Security Clearances is an Intelligence Emergency

Former Bush and Obama official explains what exactly the risks are in having so many White House officials serve under long-term interim security clearances. She looks at the downstream…
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