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
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?
Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
On Human Rights Day, One Year On: No Apology and No Accountability for US Torture
A year ago yesterday, the Senate Select Committee on Intelligence released a redacted version of the executive summary of its exhaustive report on the CIA’s detention and interrogation…
What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban
Editor’s Note: This post was originally published on December 10, 2015 at 12:50am. On Tuesday, I wrote a short piece for CNN.com explaining why Donald Trump’s proposed ban…
Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities
Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
A Legal Map of Airstrikes in Syria (Part 2)
Editor’s Note: This is the second post in a two-part series discussing the legal justifications various countries have put forth related to airstrikes in Syria. You can find…
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
A Legal Map of Airstrikes in Syria (Part 1)
Editor’s Note: This is the first post in a two-part series discussing the legal justifications various countries have put forth related to airstrikes in Syria. You can find…
The More Things Stay the Same: Another Week of Military Commission Hearings
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…
Cross-Border Data Requests: A Response to Greg Nojeim
Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…