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
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The Good and Bad in the US Government’s Civilian Casualties Announcement

The US government on Friday, July 1 released long-sought information on its views as to how many people it has killed in drone and other strikes “outside areas of active hostilities,”…
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The government’s treatment of civilian casualties in counterterrorism operations [updated]

The government has just released two important documents. One is an assessment by the Director of National Intelligence of the cumulative civilian casualties from U.S. counterterrorism…
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Medical Complicity in CIA Torture, Then and Now

The US government released a series of documents about the CIA torture program on June 14 and 15, in response to Freedom of Information Act lawsuits by the ACLU and Vice News.…
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Looking Back on the Pentagon Papers Decision

In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
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US Policy on Transitional Justice

The US State Department and the Agency for International Development recently published a series of policy papers on the US approach to transitional justice. The United States…
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Troubling proportionality and rule-of-distinction provisions in the Law of War Manual

Oona Hathaway is absolutely right to be alarmed, and deeply concerned, about the “civilians’ assumption of risk” provisions in the new DoD Law of War Manual. If you haven’t…
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A Less-Secret Drone Campaign

Stephen Whisler, Predators and Reapers 2012, pastel on paper This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor…
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The Upcoming Release of Obama’s Targeted Killing Policy and Casualty Numbers

The Obama administration says it plans to release a redacted version of the policy standards and procedures that govern its “use of force in counterterrorism operations outside…
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Seven Myths Busted: FBI Surveillance and the NSL Expansion Vote in the Senate

Yesterday, the Senate failed to pass a motion to end debate and move to a final vote on a highly controversial amendment related to Internet records, which New America’s Open…
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Disappointing DOD Inspector General Report on Pre-Publication Review

Editor’s note: This post also appears on Lawfare. Earlier this year, we wrote about the US Government’s broken pre-publication review process (see here, here, here, here, and…
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The Law of War Manual’s Threat to the Principle of Proportionality

On Saturday, I had the honor of speaking to the Médecins Sans Frontières (MSF) USA General Assembly. In preparing for my talk last week, I came across a section of the US Defense…
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The Obama Legal Team and the Lawfulness of Attacking Assad

Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
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