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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4,604 Articles
Just Security

Can Detainees Plead Their Way Out of Guantánamo?

One of the more curious tidbits to emerge from the Senate Armed Services Committee’s draft of the FY2017 National Defense Authorization Act (which the Committee approved…
Just Security

Transparency, Review, and Relief: The Far-Reaching Implications of the Kunduz Report

Thus far, many discussions of the US military’s release of a 120-page detailed report of the lawfulness of its attack on the Médicins Sans Frontières (MSF) facility in Kunduz,…
Just Security

Fourth Circuit To Hear Abu Ghraib Political Question Doctrine Appeal

Tomorrow morning, an (as-yet-unannounced) panel of the US Court of Appeals for the Fourth Circuit will hear the (third!) appeal in Al Shimari v. CACI Premier Technology, Inc.,…
Just Security

What the Kunduz Report Gets Right (and Wrong)

Over the past week, many thoughtful posts have appeared, here and elsewhere, reacting to the US military’s report on the 2015 airstrike of a Médicins Sans Frontières (MSF)…
Just Security

Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal

Last week, Army Captain Nathan Michael Smith filed a federal court suit against President Obama, seeking a declaration that the War Powers Resolution requires the President to…
Just Security

Are Republicans Serious About NSC Reform?

It appears the House Republican project to clip the National Security Council’s (NSC’s) wings may be a larger scale project than reflected in my last post. There, I discuss…
Just Security

Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War

Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…
Just Security

Recklessness, War Crimes, and the Kunduz Hospital Bombing

Last Friday, the US military announced that it was disciplining 16 service members involved in the bombing of the Médicins Sans Frontières hospital in Kunduz, Afghanistan that…
Just Security

One-and-a-Half Cheers for Salim v. Mitchell

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

US Government Concludes no “War Crimes” in Kunduz Strike, But Fails to Explain Why

The US government’s 120-page report on the Kunduz airstrike — in which US forces killed 42 civilians and destroyed a Médicins Sans Frontières hospital — found that US forces…
Just Security

Feinstein-Burr: The Bill That Bans Your Browser

Last week, I criticized the confused rhetorical framework that the Feinstein-Burr encryption backdoor proposal tries to impose on the ongoing Crypto Wars 2.0 debate. In this…
Just Security

Congress’s Embarrassingly Empty (National Security) Record

This week, we learned the United States will send 250 special operations troops to the war in Syria, bringing the publicly known total number of American troops operating in the…
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