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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Ben Wittes and Quinta Jurecic on the “Oathless Presidency”—Questions raised by deep distrust in Trump

Just Security and the Center on Law and Security at NYU School of Law were delighted to host an event today for our friends from Lawfare, Ben Wittes and Quinta Jurecic, for a discussion…

The Global Counterterrorism Forum–Multilateralism that Even Trump Should Like

In his first speech to Congress, President Donald Trump said that, “our foreign policy calls for a direct, robust and meaningful engagement with the world.” However, it is…

Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 24 – Mar. 3)

WHITE HOUSE As the White House continues to deny there is anything of concern between the Trump team and Russia, Spicer tried to quash stories, and republicans in Congress denied…
: A laptop computer displays a message as U.S. Army General Dan McNeill, Coalition Joint Task Force (CJTF) 180 commander, speaks to the news media inside the recently constructed CJTF-180 Joint Operations Center May 29, 2002 at Bagram airbase in Afghanistan.

Violence in Cyberspace: Are Disruptive Cyberspace Operations Legal under International Humanitarian Law?

It is already widely acknowledged that cyberspace has become the fifth domain of warfare, and militaries around the world are training various cyber units, who will be supporting…

Whistleblower Retaliation: A Governmental Accountability and National Security Crisis

The role of an Inspector General (IG) office in a federal agency or department is to root out waste, fraud, and abuse, and where necessary refer criminal conduct to the Justice…
The Statue of Lady Justice/Justitia at the Dublin Castle. This statue is different than most depictions of Justitia, as this statue is not blindfolded. She holds a sword and scales.

Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administration?

Within a day of the Trump administration’s January 27 travel order, a U.S. district court ordered Customs and Border Protection (CBP) to permit lawyers access to certain detainees…
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DO Believe the Hype: DHS’s “Victims of Immigration Crime Engagement” (VOICE) May Target Legal Immigrants Too

In his joint session to Congress on Tuesday, President Donald Trump highlighted a new immigration policy, which many, many, many mistakenly assume applies only to undocumented…

What’s at Stake When Trump Discredits the Press

Donald Trump’s relentless media bashing has become one of the most persistent tropes of his cacophonous early time in office. He and his administration have called the press…

Five Reasons Why the Republican Russia “Investigation” Falls Short

Congressional Republicans’ responses to Russian attacks on the American political system have ranged from inadequate to damaging. Republican leadership seeks to bury this investigation…

Is the State Department Being Intentionally Gutted?

Amidst the public speculation of a State Department possibly in disarray, I know that officers at State are still hard at work. One example: I recently received in my email inbox…

Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act

The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…

When Federal Courts Subtweet Sean Spicer…

On any other Monday, in any other year, it’s hard to imagine that today’s 19-page ruling by Judge Oetken in Nicholas v. City of New York would merit much attention.…
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