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

It is up to House Intel Committee, not Trump, whether to release Democratic memo on the Page FISA application

News stories and headlines are saying things like, "Trump Blocks Release of Memo Rebutting Republican Claims” (New York Times)--but that's not accurate. The House Intelligence…
Don McGahn, general counsel for the Trump transition team, gets into an elevator in the lobby at Trump Tower, November 15, 2016 in New York City.

The White House Latest Move to Undermine Congressional Authority

Lost in the back-and-forth over the Nunes memo, is a new effort to weaken Congressional oversight and misdirect Congress.

Trump’s Four-Pronged War on the Administrative State

Among the many things the first year of the Trump presidency has given us is a new genre of op-ed.  What might be called the resignation-confessional is headlined with some variation…

New Bill Would Moot Microsoft Ireland Case — And Much More!

A bipartisan group of Senators today introduced the Clarifying Lawful Overseas Use of Data (CLOUD) Act—a bill that moots the pending Supreme Court Microsoft Ireland case and…

Debate, Dispute, Disagree—But Please Don’t Call for Arrest

No sooner had the Nunes Memo been released than the cries began. “Lock every single one of these bastards up,” tweeted former long-time Democratic Congressman John Dingell,…

How Well Did the Nunes Memo Answer the ‘5 Questions’?

Before the House Intelligence Committee released the Nunes memo on Friday, Asha Rangappa, a former FBI special agent, highlighted five questions that the memo would need to address…

Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities

Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…

Timeline of Carter Page’s Contacts with Russia [Updated]

At the heart of the recent Nunes memo controversy lies a FISA order application for former Trump campaign aide Carter Page. But Page had piqued the interest of FBI investigators…

A Crisis for U.S. Intelligence Alliances—What the Nunes Memo Has Wrought

We’re facing a crisis of intelligence. It’s not because of a dereliction of duty, or a massive counterintelligence breach. It’s because the foundation for sharing intelligence…

Episode 57 of the National Security Law Podcast: About that #Mehmo (Special Edition on the Nunes Memo Release)

President Trump has declassified the Nunes Memo and it now is available to the public.  Your hosts–Professor Bobby Chesney and I–give it a deep-dive review here in a special-edition…

The Nunes Memo Misses the Point: Probable Cause

Finally, the forces of #ReleaseTheMemo have won. On Friday, over the public opposition of the FBI, President Donald Trump declassified a document prepared by the staff of House…

A Q&A on the Nunes Memo and Its Implications for the Russia Investigation

With President Donald Trump’s blessing in hand, House Republicans released a memo Friday, spearheaded by Rep. Devin Nunes (R-Calif.), that accused senior Justice Department officials…
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