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.
4,622 Articles
President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]
The Administration just released five new documents relating to the use of force, including detention, in counterterrorism operations against nonstate armed groups. The most important…
Memo to President Obama: You Have Another Memo to Withdraw
The election of Donald Trump has triggered an anxious conversation about how President Obama can entrench some of his accomplishments before January 21, 2017. Importantly, given…
Congress on Track to Extend Condolence Payments to Syrians
The Pentagon will soon have permission from Congress to make condolence payments to the families of civilians killed or injured by American airstrikes in Syria, as well as Iraq…
Rule 41 Has Been Updated: What’s Needed Next
On December, 1, the revised version of Federal Rule of Criminal Procedure 41 went into effect. The Department of Justice, which first proposed an earlier (and more expansive) version…
And Mattis Makes Four—Senior Policymakers in a Trump Administration Who Would Take a Hardline on Russia
Trump’s selection for Defense Secretary, retired General James N. Mattis, is the fourth in the line of senior policymakers who would presumably take a very different approach…
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.”…
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…
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:…
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…
“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…