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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A small fighter aircraft flies through a clear blue sky in the day.

The Legality of U.S. Support for the Saudi-Led Campaign in Yemen

Yesterday, Senator Bernie Sanders (D-Vt.) introduced a joint resolution calling for the removal of U.S. armed forces from unauthorized active hostilities in Yemen. Shortly after,…
Michael Horowitz, Inspector General of the U.S. Department of Justice, testifies during a Senate Judiciary Committee hearing titled 'Oversight of the Foreign Agents Registration Act and Attempts to Influence U.S. Elections' in the Hart Senate Office Building on Capitol Hill, July 26, 2017 in Washington, DC.

Trump’s New Target: The Justice Department’s Inspector General

President Donald Trump repeated his totally bizarre attacks against his own attorney general on Wednesday, but this time he included a new target for his anger: the Justice Department’s…
Trump walks into the Roosevelt Room and shakes hands with, Chairman of the Joint Chiefs of Staff Gen. Joseph Dunford, U.S. Army Chief of Staff Gen. Mark Milley, U.S. Marine Corps Commandant Gen. Robert Neller and U.S. Air Force Chief of Staff, Gen. David Goldfein.

Important Report by White House on National Security Due Soon

The executive branch owes it to Congress—and all of us—to deliver the answers Congress has demanded to do the critical job assigned to our national legislature and serve the…

Just Security Podcast: Sam Vinograd on Trump’s Weakness Toward Russia on Syria

Last Friday, I spoke with former National Security Council official Samantha Vinograd about President Trump’s reluctance to confront Russian President Vladimir Putin, and…

Doe v. Mattis: Is the War on ISIS Legal?

Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…

The Human Cost of Trump’s Weakness Toward Russia

Chemical weapons attacks, aerial bombardments, malnutrition, sexual violence and other means of torture define Syria, with a new massive atrocity every few weeks. There is no end…

Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things

An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law.  This week, your hosts Professor…

The Pardon Boomerang: Why Trump Associates May Need to Decline Any Offer of a Pardon

With the idea of presidential pardons resurfacing, there’s a reason that option may simply not work for the President. Trump associates would face a significant risk that their…

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…
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