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
Just Security

Giving Up on Cybersecurity — Strategically

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

The Early Edition: June 6, 2016

IRAQ and SYRIA Syrian troops reached the “administrative border” of Raqqa province on Saturday afternoon, under cover of Russian airstrikes. The province is home to the Islamic…
Just Security

Sparring Over the 9/11 Trial Recusal Motion

Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in…
Just Security

A Return to Torture? Unlikely

One could be forgiven for thinking that all signs point towards torture making a comeback. Calls for the resumption of torture have been disturbingly prominent in this year’s…
Just Security

Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul

As one of those who spends parts of his Tuesday and Friday mornings trolling PACER for new D.C. Circuit rulings (which appear there before they’re posted on the Court of…
Just Security

With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away

Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Just Security

Forced Nudity: What International Law and Practice Tell Us

A number of weeks ago it was revealed that CIA operatives systematically photographed detainees who were being held as part of the “war on terror” while naked. It…
Just Security

Roof Knocking and the Problem of Talking With Bombs

“Roof knocking” is a controversial method of bombing ostensibly intended to minimize civilian casualties. Israel introduced the method in its campaign in Gaza in 2008–2009,…
Just Security

Recap of the Recent Posts on Just Security (May 21–27)

I. Guantánamo Jen Daskal, Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil) (Monday, May 23) II. Transparency, Legality & the the Use of Force David…
Just Security

Is it legal to target ISIL’s oil facilities and cash stockpiles?

An important story in yesterday’s New York Times explains how the U.S. and coalition forces have dramatically increased their targeting of ISIL’s oil facilities (including…
Just Security

Important First Step by HPSCI on Pre-Publication Review Reform

Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…
Just Security

The MSF Airstrike Report: Better on the Facts Than on the Law

The military’s investigation of the October 2015 airstrike on the Médicins Sans Frontières (MSF) hospital in Kunduz, Afghanistan was back in the news last week thanks to highly…
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