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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4,623 Articles

Not Illegal: But Now The Hard Part Begins

I am no fan of the Trump Administration, which in its short life has attempted many illegal acts. But neither do I automatically conclude that everything it does is illegal, as…

Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution

[UPDATED]  The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…

The U.S. Public Deserves More than Trump’s Silence on Afghanistan

When I graduated from West Point in 2009, the war in Afghanistan was one of the hottest topics. President Barack Obama’s campaign and young presidency had been defined, in large…

Why Trump Associates Should Worry A Lot More About the Logan Act

In a Washington Post Op-Ed, I look into the history of the law that forbids Americans engaging with foreign governments to undermine official policies of the United States. The…

‘America First’ Leaves the Border Behind

Border security is a concept that, among Americans, usually conjures up images of dusty, desert expanses in our southwest.  Maybe it includes a cactus or a dark-green clad Border…
Trump gestures to an audience at a campaign rally.

President Trump’s Careless Rhetoric, Unlawful Command Influence, and the Bergdahl Court-Martial

Plenty of ink has already been spilled on the extent to which statements by President Trump and his advisers can and should be used as evidence of illicit motive in the context…

The Importance of Protecting Civilians—Through Law, Strategy, and Tactics

The spate of allegations of civilian deaths as a result of US operations in Iraq, Syria, and Yemen over the last few weeks has garnered significant interest from humanitarian groups…
A person holds a phone at the airport.

To Senate Committee on Homeland Security: Five Questions for Secretary Kelly About Passwords Demands at the Border

On January 31, an NASA engineer and U.S. citizen, Sidd Bikkannavar, was informed by federal border agents he hat he was required to turn over the password to his smartphone on…
Trump and an American flag waving across in front of him.

Top Human Rights Lawyers’ Views on Trump’s Human Rights Record

“Human rights are at a nadir in Egypt,” wrote Human Rights Watch on the eve of President Donald Trump’s Monday meeting with Egyptian President Abdel Fattah el-Sisi at the…
Retired Lt. Gen. Michael T. Flynn at Trump Tower on December 5, 2016 in New York City.

Why Flynn Isn’t Getting Immunity Anytime Soon

[Editor’s Note: This post is part of a Just Security symposium on retired lieutenant general Michael Flynn’s legal jeopardy. Ready Alex’s earlier post, “Flynn’s…
President Donald Trump speaks on the phone with Australian Prime Minister Malcolm Turnbull in the Oval Office of the White House, January 28, 2017 in Washington, DC. National Security Advisor Michael Flynn and White House Chief Strategist Steve Bannon also sit around the desk.

A Primer on the Foreign Agents Registration Act—and Related Laws Trump Officials May Have Broken

About a week ago, I wrote a pair of posts about the increasing insinuation in various camps that, if in fact the Trump campaign colluded with the Russian government to influence…

Trump’s Meeting with China’s Xi Is Risky with U.S. Asia Policy Up in the Air

“Everything is under negotiation, including One China.” Those words, said by president-elect Donald Trump in January as he questioned U.S. policy on Taiwan, could mark the…
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