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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4,605 Articles
A bus passes a security fence at Bagram Air Base March 2, 2009 in Bagram, Afghanistan.

How to Unmask Trump’s Detention Plans: Ask about the Yemen Raid

On Wednesday, we received news from the New York Times of a revised draft Executive Order that would require the Secretary of Defense to “maintain and continue to use” Guantanamo…

The Trump Administration’s Draft EO on GTMO—Strategic, Legal, and Financial Implications

On Wednesday morning, the New York Times published a revised draft of a proposed Executive Order (EO) concerning the detention of enemy combatants.  The draft EO reflects the…

Harold Koh: Many Roadblocks to US Pulling Out of International Agreements—Paris Climate and Iran Nuclear included

The former chief of President Trump’s EPA transition team recently stated that the President “will definitely pull out of Paris climate change deal.” But according to a new…
Two hands type on a keyboard. The screen shows blue lettering on a dark background.

Watch the Tallinn Manual 2.0 Launch Discussion Online

Today marks the launch of Tallinn Manual 2.0, a key text on how existing international law applies to cyber operations. It was authored by 19 international law experts, and Just…
Vice President-elect Mike Pence looks on as President-elect Donald Trump grabs with two hands one hand of Peter Thiel during a meeting with technology executives at Trump Tower, December 14, 2016 in New York City.

Disrupting the White House: Peter Thiel’s Influence is Shaping the National Security Council

Over the past week, the White House appointed five new senior National Security Council staff officials. Two in particular signify the emerging and disruptive influence Billionaire…

A Just Security Debate!—What’s Wrong with the DNI Report on Civilian Casualties

[Editor’s Note: For different perspectives, be sure to read a response to Gabor Rona’s article by Ryan Goodman “A Just Security Debate!—What’s With the Criticism…
A judge writing on paper in courtroom with a gavel nearby.

The Importance of Judicial Contempt Proceedings in a Trump Era

Among the many peculiar characteristics of the recently elected President is Donald Trump’s unwillingness to follow the ordinary and established norms of the office of President. …

Explainer on Officials in Contempt of Court Orders on #MuslimBan–Tracking All the Cases

In recent days, much of the focus has been on Washington State’s challenge to Trump’s Muslim Ban, which resulted in a nationwide stay upheld by the Ninth Circuit (see here…
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[UPDATED: As of Feb. 6th; 6:00 p.m.] Getting a handle on the litigation challenging the seven-nation “travel ban”

  The President’s Executive Order is only eight days old, and already there are many cases challenging it in federal court. The suits have been brought by many different…
A U.S. Special Forces MH-53 helicopter as seen through a green night vision lens.

The Recent Ground Raid in Yemen–What the Public is Entitled to Know

We know now that last Sunday’s ground operation in Yemen (also discussed here, here, and here) against an alleged Al Qaida in the Arab Peninsula (AQAP) target resulted in tragic…
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Why Courts Appear Willing to Reject Trump’s Travel Ban Order

On Friday, James Robart, a U.S. federal district judge in Seattle, issued a nationwide temporary restraining order (TRO) against President Donald Trump’s Executive Order that…

Campaign Promises of War Crimes: Now a Stain on the Military

As we try to figure out what happened in Yemen during the U.S. military raid on January 28th, there are a host of questions that remain unanswered. Here, we explore another very…
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