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

Letter to the Editor: Finding a Middle Ground on “Areas of Active Hostilities”
News that the Trump administration is close to revising the Obama-era policy on direct action against terrorist targets has reawakened the long-simmering debate over the appropriate…

Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…

Congressional Oversight and the Niger Attack
President Donald Trump’s handling of military condolences has dominated the coverage of the Oct. 4 deaths of four U.S. Special Operations forces soldiers in Niger. However, there…

NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
Recap of Recent Pieces on Just Security (Oct. 14-20)
ISIS, Iraq, Syria, and Yemen Amarnath Amarasingam, Jade Parker, and Charlie Winter, ISIS’s Vegas Claim Tells Us More about the Group Than About the Attacker Nadim Houry, What…

Widening the Gap: John Kelly and the Civil-Military Divide
When White House Chief of Staff and retired Marine Gen. John Kelly participated in a press conference on Thursday, he delivered an emotional, moving, and ultimately divisive message.…

The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary
Earlier this month, Judge Susan Bolton deemed President Trump’s pardon of former Sheriff Joe Arpaio to be lawful and therefore dismissed the pending case against him, which otherwise…

Pluses and Minuses of the Imminence Standard in Counterterrorism Strikes
Last month, I wrote on the revisions that the Trump Administration reportedly plans to make to President Obama’s drone policy. The piece set off a robust conversation with…

Military Planning for the Climate Century
Climate change has been described as the world’s greatest environmental threat. But it is also increasingly understood as a national security threat, that serves as both a “threat…

The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…

Sessions Changes his Story on Russian Contacts in Senate Testimony
On Wednesday, Attorney General Jeff Sessions changed his story yet again about what he discussed with Russian officials during the 2016 election. While he initially denied having…

Where is Congress? The Supreme Court’s Cert in Microsoft Ireland Case Should Spur Lawmakers to Act
On Monday, the Supreme Court decided to take cert in what’s known as the Microsoft Ireland case – raising the issue of law enforcement’s ability to reach data stored…