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.
4,623 Articles
James Comey’s Default-Encryption Bogeyman
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
Fixing Pre-Publication Review: What Should Be Done?
Jack Goldsmith and Oona Hathaway called attention in several recent columns to the pre-publication review process (here, here, here, and here) that many current and former national…
Latest Guantánamo Transfers May Signal Change in Approach
Politicians and pundits are still fighting over whether President Obama should, can, or will close the Guantánamo Bay detention center before he leaves office. For his part,…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Just Security Editors’ Annotated State of the Union
President Obama’s eighth and final State of the Union address last night touched on a number of the national security and human rights issues that are often discussed on the…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
Social Media Companies Should Decline the Government’s Invitation to Join the National Security State
The pressure on social media companies to limit or take down content in the name of national security has never been greater. Resolving any ambiguity about the how much the Obama…
A Few Keystrokes Could Solve the Crime. Would You Press Enter?
Image credit: Wikimedia Commons Suppose a laptop were found at the apartment of one of the perpetrators of last year’s Paris attacks. It’s searched by the authorities pursuant…
ISIS in the United States: Which Legal Regime Applies?
Consider the following hypothetical: It is 10:00pm in Times Square, New York City. The “city that never sleeps” is bustling with tourists, Broadway shows, street performers,…
“Your Account May Have Been Targeted by State-Sponsored Actors”: Attribution and Evidence of State-Sponsored Cyberattacks
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…
Was the Cyber Attack on a Dam in New York an Armed Attack?
Concerns about the vulnerability of infrastructure to cyber attacks were highlighted in two recent news articles. Last month, the Wall Street Journal reported that in 2013, Iranian…
Let’s Start Calling Combat Combat
On Tuesday, a Special Forces soldier died and two others were injured in a skirmish with Taliban fighters near Marjah in the Helmand province of southern Afghanistan. Al Asad air…