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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4,757 Articles

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…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

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…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

“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…

Gina Haspel’s Nomination to Head the CIA: Why the Controversy & What is at Stake?

The Senate has recently confirmed Mike Pompeo to be Secretary of State, after Senator Rand Paul (R-KY) dropped his objections and several Democrats indicated that they would support…
A military officer walks from the entrance to Camp VI on June 25, 2013 in Guantanamo Bay, Cuba.

DOD’s Guantánamo Report: An Opportunity for Detainees Already Cleared for Release

On January 30, President Donald Trump issued an executive order instructing the Secretary of Defense to within 90 days, after consultation with the heads of other relevant…
The new Google logo is displayed at the Google headquarters on September 2, 2015 in Mountain View, California.

Google Employees’ Ire Over DoD’s AI Work Shows Need to Bridge Tech and Security

Years ago, at a conference of national security types, I asked a pointed question of two former senior intelligence officials about encryption, and whether it was good for the…

Losing Our Profession: The Dire Consequences of a More Partisan Military

“Do the generals have too much power?” That was the prompt I was originally asked to answer on a recent panel which discussed the relationship between civilian society and…
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