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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The Newly Relaxed Rules of Engagement in Afghanistan and Civilian Casualties

Military Times reported Monday that Secretary of Defense Mattis, appearing on Capitol Hill Tuesday alongside Chairman of the Joint Chiefs of Staff Gen. Joe Dunford told a pair…

Parties’ Letter Briefs on Mootness in Entry Ban Case at Supreme Court

Here’s the SG’s brief.  Here’s the ACLU’s brief on behalf of the IRAP plaintiffs.  And here’s the Hogan Lovells brief on behalf of the Hawaii plaintiffs.…

It’s Time to Pass Legislation Governing a Key Part of the Government’s Hacking Policy

An example of the splash screen from the Petya malware that was suspected of relying on an exploit developed by the U.S. National Security Agency. It’s well known that government…

Why the Laws of War Apply to Drone Strikes Outside “Areas of Active Hostilities” (A Memo to the Human Rights Community)

Reports that the White House is poised to revise a four-year old set of policy restrictions on drone strikes and other lethal operations has generated a heated debate that turns…

Acknowledging the Harm Done to Civilians by the U.S.-Led Coalition in Syria

Ahed is an 11 year-old Syrian girl whose life was upended on the evening of March 20 when an airstrike hit the school near Raqqa where she and her family had sought shelter. Ahed…

The Increasingly Unsettling Indifference Toward the US Citizen “Enemy Combatant”

It’s now been over three weeks since an American citizen who is being held by the United States in military detention as an “enemy combatant” after allegedly…

Why Posse Comitatus is Not Immediately Applicable to the Military’s Mission in Puerto Rico

The Commonwealth of Puerto Rico, a territory of the United States where 3.4 million U.S. citizens reside, is suffering a humanitarian crisis following Hurricane Maria. Lt. Gen.…
The White House as seem from outside the West Wing. A guard stands at the entrance.

Evidence Mounts that White House Anticipates Damaging Results from Russia Investigation

As the Russia investigations by special counsel Robert Mueller and Congress plow ahead, are there telltale signs that the White House is worried about the eventual findings? According…

How US Surveillance Helps Repressive Regimes—the Ethiopia Case

Recent stories from Edward Snowden’s disclosures show how the US government’s involvement with Ethiopia presents a case study in enabling repressive regimes to carry out…

Abandoning Iranian Nuclear Deal Could Lead to New Wave of Cyberattacks

Over the last two years, U.S. banks and government agencies have enjoyed a notable respite from malicious Iranian cyber activity. The timing of this drop-off happens to coincide…

Easing Restrictions on US Killings Outside War Zones Would be a Serious Mistake

President Donald Trump is poised to rescind some of the key rules crafted by the Obama administration that restrain the use of armed drones and other lethal operations outside…

A Scrivener’s Error That Swallows the New Entry Suspensions?

One provision of the President’s new Proclamation (a/k/a “Entry Ban No. 3”) has confused me since I reported on it here earlier this week. As I explained in my…
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