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.
4,601 Articles
Was the Kunduz Strike a War Crime?
As reports poured in over the weekend that the United States bombed a Médecins Sans Frontières (MSF) hospital in Kunduz, Afghanistan, killing at least 12 MSF staff members and…
Rest Easy Professeurs de Trahison, You Are Not Targetable Under LOAC
William C. Bradford’s article Trahison des Professeurs: The Critical Law of Armed Conflict Academy as an Islamic Fifth Column, published last summer in George Mason Law School’s…
The Bass-Ackwards Detainee Transfer Provision in the FY2016 NDAA
There’s a lot to say about the 1,915-page National Defense Authorization Act (NDAA) for Fiscal Year 2016 that was unveiled yesterday by the House and Senate Armed Services…
The AUMF, ISIL, and… FOIA?
Earlier today on Twitter, USA Today‘s Brad Heath posted the key paragraphs from DOJ’s denial of his FOIA request for any OLC memos relating to the applicability of…
A Proposal to Improve Foreign Law Enforcement Access to US-Held Data
In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
Video from The Going Dark Debate: Just Security’s Second Anniversary
As consumers increasingly adopt encryption tools, government officials have warned of the “Going Dark” problem – the notion that widespread encryption will thwart legitimate…
The US-China Cyber Agreement: What’s In and What’s Out
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…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…
UK’s Legal Rationale for Drone Strikes Differs Fundamentally From US Rationale
Much of the public commentary concerning the UK’s targeted strike in Syria against a British national who had joined ISIS (along with other individuals with him at the time)…
The Remarkable (and Remarkably Unnoticed) Guantánamo PRB Scorecard
One of the best-kept secrets concerning the ongoing detentions of non-citizens at Guantánamo is the Periodic Review Board (PRB) process being conducted pursuant to Executive…
The Arab Awakening, Civil Society, and the Choice Between Two Ways of Governing
Several weeks ago, I met with Prime Minister Essid and other members of Tunisia’s government and parliament to discuss reforms and the serious economic and security challenges…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…