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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4,711 Articles
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
A North Korean national flag on a tall metal structure waving high above all other buildings in Gijungdong as seen from an observation post on September 28, 2017 in Panmunjom, South Korea.

Cyber, Sovereignty, and North Korea–And the Risk of Inaction

Americans, and people throughout the world, are becoming increasingly aware that there are significant vulnerabilities in the Internet, and that there are malicious actors who…

Major Takeaways from the Papadopoulos Bombshell

For months, it was well known that Paul Manafort, President Donald Trump’s former campaign chairman (who has longstanding ties to the Trump world), was in serious legal trouble.…

What Manafort’s Indictment May Tell Us About Russian Election Meddling

Make no mistake. Paul Manafort’s arrest is very likely directly tied to Russian intelligence operations. Even a quick look at his indictment shows this. In Ukraine, Manafort…

Trump Should Release His New Lethal Force Policy

In an important new development, President Donald Trump has reportedly signed new rules for when lethal force can be used against suspected terrorists outside of active war zones.…

The Guantánamo Ethics Mess

The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…
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Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
The Facebook login page on a computer screen. The screen is partly blacked-out to show only a circle revealing “Facebook – Facebook helps you…the people in your…”

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?

I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…
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Former Federal Prosecutor Renato Mariotti’s Tweet Threads

Renato Mariotti, a member of the Just Security Editorial Board and former federal prosecutor in Illinois, has written incisive and sophisticated legal analysis on the Trump-Russia…

Treasury’s Turf War Over Domestic Spying

BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the ­financial records…

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…
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