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

Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 3-10)

Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

Targeted Killing Under Trump: Law, Policy, and Legal Risk

A recent Presidential Memorandum directs the Secretary of Defense to develop a preliminary plan to defeat ISIS. The plan “shall include . . . recommended changes to any United…

Trump and the Immigration Bureaucracy: Should We Expect Civil Servants to Dissent?

President Trump’s Executive Order (EO) barring entry from seven Muslim majority countries and suspending the refugee resettlement program has sparked public outcry, caused upheaval…
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Tallinn Manual 2.0 on the International Law of Cyber Operations: What It Is and Isn’t

This week marked the release of Tallinn Manual 2.0 on the International Law of Cyber Operations, the result of the follow-on project that led to the publication of the Tallinn…

Yemen’s consent for U.S. counterterrorism operations: Questions for the Trump Administration

On Thursday, the New York Times reported that Yemen had withdrawn its consent from US Special Operations ground missions in the country, following a commando raid Jan. 29, which…

Slow Justice is No Justice: Sexual Exploitation in Military and Civilian Operations

The conflict and long-term crisis in the Central African Republic (CAR) is characterized by its inter-ethnic cleavages and deepened by scattered surges of violence and state disintegration.…
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…
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