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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Power Wars Symposium: What Role Should Law Play in Areas of Vital National and International Affairs?

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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The insoluble Guantánamo problem (Part Three: Executive disregard of the GTMO-to-U.S. relocation prohibition is not a solution)

In my first two posts (here and here) I’ve described how intransigent (and unjustifiable) political opposition has made it virtually impossible for the President to relocate…
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The insoluble Guantánamo problem (Part Two: The NDAA restrictions)

In my earlier post, I explained that the failure to close the detention facility at Guantánamo has been the one conspicuous and unfortunate exception to what has otherwise been…
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The insoluble Guantánamo problem (Part One: The President’s successful transformation of U.S. detention practices . . . and the GTMO exception)

Charlie Savage’s Power Wars (see our ongoing symposium here) tells a very important, and mostly overlooked, story about President’s Obama’s policies and practices with respect…
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Power Wars Symposium: Where Did Things Go Wrong? Three Key Moments That Shaped Obama’s Failed Guantánamo Policy

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Lawyering in Secret and the Government’s FOIA Bogeyman

Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
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Secret Law Isn’t the Public’s Fault

Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…
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McCain’s Hearing Threat and the Bergdahl Court-Martial

Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
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The Assassination Ban and Targeted Killings

In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
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Power Wars Symposium: The Ascendancy of the Lawyer

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: Surveillance, Individual Rights, and the Obama Administration

Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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Power Wars Symposium: Further on the law of the bin Laden operation, Part II

Editor’s Note: This is the third entry in a symposium Just Security is hosting in conjunction with this week’s release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
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