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.
4,757 Articles
We Need to Know More About the US’s Role in Yemen
A crowd quickly gathered when I arrived last month in what remained of the market in Mastaba, a small highway town in northern Yemen. A week earlier, on March 15, warplanes from…
The National Security Council as FOIA “Agency”
Two weeks ago, Rep. Jackie Walorski (R-Ind.) introduced a bill that would define the National Security Council (NSC) as an “agency” for purposes of the Freedom of Information…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
Feinstein-Burr, Encryption, and “The Rule of Law”
There’s a lot to say about the substance of the misguided anti-encryption legislation sponsored by Sens. Dianne Feinstein and Richard Burr, which was recently released as a “discussion…
The 9/11 Civil Litigation and the Justice Against Sponsors of Terrorism Act (JASTA)
For lots of readers, I suspect Saturday’s front-page New York Times story by Mark Mazzetti was their first exposure to the ongoing efforts by 9/11 victims and their families…
Here’s What the Burr-Feinstein Anti-Crypto Bill Gets Wrong
The latest Crypto War is being fought on multiple fronts: behind closed doors, in the courts, and now in Congress. On April 13, Sens. Richard Burr (R-NC) and Dianne Feinstein (D-Calif.),…
The State Department Adviser Signals a Middle Road on Common Article 1
In his remarks to the American Society of International Law earlier this month, State Department Legal Adviser Brian Egan stated that the United States’ commitment to upholding…
The Egan speech and the Bush Doctrine: Imminence, necessity, and “first use” in the jus ad bellum
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…
Are all “members” of ISIL targetable?
Rita Siemion and Heather Brandon of Human Rights First have published a comprehensive post on some of the more important aspects of Brian Egan’s speech to ASIL. (My own…
International Law à la Carte: Brian Egan’s Jus ad Bellum Doctrine
Last week’s speech by State Department Legal Adviser Brian Egan laying out the legal and policy rationales behind the US’s war against ISIL was largely overlooked in the mainstream…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Military Justice and Its Reform
Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…