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
Overseas Surveillance in an Interconnected World
Outside the pages of Just Security and a handful of other places, it’s hard to find much debate over the NSA’s overseas surveillance activities. The same lawmakers and pundits…
The Fuzzy Scope of the Forever War Needs Definition
For years now, the questions of where and with whom exactly the United States is at war have been treated as somewhat academic. It’s not that they didn’t matter, but a gridlocked…
FOIA Litigation Has Its Own Rules, But We Deserve Better
When will federal judges start acting more like State Department flacks? It’s a question worth thinking about during Sunshine Week. For those of us who regularly litigate national…
More Transparent Than Thou
At the dawn of his second term, President Obama declared, “This is the most transparent administration in history, and I can document how that is the case.” But three years…
The FBI Wants Schools to Spy on Their Students’ Thoughts
Imagine you’re a high school principal. An FBI document lands on your desk. It’s called “Preventing Violent Extremism in Schools,” and it’s alarming. According to the…
Determining When the Armed Conflict With Al-Qaeda Started
A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against…
We Need to Know More About How the Government Censors Its Employees
In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…
Hostile Intent and Civilian Protection: Lessons From Recent Conflicts
Is a driver speeding toward a military checkpoint launching a suicide attack or racing his pregnant wife to the hospital? Is a local man digging on a roadside at night planting…
The Latest European Court of Human Rights Ruling on Accountability for Torture
In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for…
Charlie Savage on Obama, GTMO and “Our Values”
Over on his blog, Charlie Savage has generously published a very thoughtful response to my post about his New York Times article, with Scott Shane, on the falsity of political…
Updated Readers’ Guide to Airstrikes in Syria
With the Syrian government and rebel groups well into the second week of a “cessation of hostilities agreement” intended to pave the way for a peace process between the government…
DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order
is here; I have not yet read it. It will be considered by Judge Margo Brodie.