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

New Counterterrorism Program in Los Angeles: Suspicious Thought Reporting?

The FBI is teaming up with local police in Los Angeles to roll out a new approach to prevent domestic terrorism, called RENEW for “Recognizing Extremist Network Early Warnings.”…
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The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians

In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
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Initial GTMO PRB decisions now completed, with 29 remaining uncharged and uncleared law-of-war detainees

Last week the Presidential Review Board issued the final two decisions from its initial hearings of remaining GTMO detainees who were not already charged or cleared for transfer:…
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Two lingering concerns about the forthcoming Law of War Manual amendments

We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…

Philip Bobbitt’s War Without Tears

In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
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“Applying the Law of Targeting to the Modern Battlefield‎” – Full Speech Given by DOD General Counsel Jennifer O’Connor

Below is the speech, “Applying the Law of Targeting to the Modern Battlefield‎,” given by Jennifer O’Connor, general counsel of the Department of Defense, tonight…

Shrinking the “Bloated” Federal Bureaucracy: A Bad Solution to a Non-Problem

During his campaign, Donald Trump promised “a hiring freeze on all federal employees to reduce the federal workforce through attrition (exempting military, public safety, and…

Public Support for Torture Based on Prejudice

The New York Times misreported its own meeting with the President-elect concerning his views on torture, and how much he has changed his mind. Here I want to focus on one aspect…
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National Security-Related Congressional Hearings, November 28–December 2

Tuesday, November 29 9:30am – House Committee on Armed Services – Department of Defense Actions Concerning Voluntary Education Programs (here) 2:30pm – Senate Committee…
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A Duty to Disobey?

The United States is in the midst of an uncertain era of complex global threats.  Some have described the nation’s defense policy as one of “forever war.”  During this…

KT McFarland’s Hardline on Russia with Nuance

On Friday, the President-elect named KT McFarland as Deputy National Security Advisor, a position that does not require Senate confirmation. In contrast with positions articulated…
A comic by Tom Kleh with people in suits raising umbrellas as if they are swords or guns. They each have a briefcase on the ground next to them. One man in a suit carries an umbrella like a weapon and inspects the the group.

The ACLU Goes to War

The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…
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