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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Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…

Highlights of Adam Schiff’s AP Interview: Manafort’s Kremlin Ties, Facebook Stonewalling, More

Congressman Adam Schiff (D-Calif) provided an in-depth interview with The Associated Press on Tuesday. Schiff’s remarks have an added weight this morning. He is the ranking member…

Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?

Has it only been a week?  Yeesh.  Well, we are back!  In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
U.S. Attorney General Jeff Sessions testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill October 18, 2017 in Washington, DC.

Close Call Whether Sessions Committed Perjury in Denying Other Campaign Russian Contacts

It is not crystal clear whether Attorney General Jeff Sessions lied to Congress about his knowledge of other Trump campaign members’ contacts with Russians during the 2016 election.…

Guantanamo: Donald Trump’s Opportunity

The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The NSA building and parking lots lit up at night.

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities

At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Former campaign manager for U.S. President Donald Trump, Paul Manafort, smiles as he leaves U.S. District Court after pleading not guilty following his indictment on federal charges on October 30, 2017 in Washington, DC.

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)

Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The…
A truck carries the crashed vehicle from the terrorist attack on November 1, 2017 in New York City. The truck carrying the vehicle uses the entire road even though parked cars in opposing directions on both sides of the road and a double yellow line down the middle indicate it is a two way street. The truck travels on November 2nd, the day after the attack.

Terror in NYC: The Real Test Comes Tomorrow, Not Today

New York City officials are already calling Tuesday’s awful attack in downtown Manhattan “an act of terror.”  Whether they are right remains to be seen; but, if so, the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!

It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
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