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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Just Security

Lifting the Gag Order on One NSL is Good, But It’s Just a Start

Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
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ODNI’s Latest Guantánamo Reengagement Numbers Are Encouraging

Earlier this month, the Office of the Director of National Intelligence (ODNI) released its bi-annual assessment of the “reengagement” of released Guantánamo Bay detainees.…
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Watching the En Banc Clock in al Bahlul

Just a friendly reminder that the government’s petition for rehearing en banc in the D.C. Circuit in al Bahlul v. United States remains pending… Al Bahlul’s…
Just Security

ECPA Reform: A Primer

Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Just Security

When Do Countries Have to Investigate War Crimes?

In late August, the New York Times and others reported that the US Army had reopened a criminal investigation into the murders of at least 17 civilians in Afghanistan in 2012 and…
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A Weapon That Keeps on Killing

When the cluster bombs fell on the town of Kaunda in Sudan’s Nuba Mountains in late May, local authorities collected the bomblets that were scattered about and placed them in…
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The UK’s Letter to the UN Security Council Leaves Plenty of Unanswered Questions About Last Month’s RAF Drone Strike

Yesterday, I wrote a post helping to untangle some of the international law questions involved in last month’s UK drone strike in Syria that killed three individuals, two of…
Just Security

The Legal Questions About the UK’s Drone Strike in Syria

The recent revelations of a UK drone strike in Syria targeting British individuals alleged to be linked to the Islamic State has generated much discussion, and the British government…
Just Security

The Microsoft Warrant Case: Response #2 to Orin Kerr

Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
Just Security

Two More British Citizens are Dead From a Targeted Killing in Syria

UK Prime Minister David Cameron speaking before Parliament on Sept. 7 revealed that in addition to alleged ISIL hacker, recruiter, and propagandist Junaid Hussain, two other Britons…
Just Security

There’s Still Room for Mischief After Iran Deal Vote

It became clear this week that opponents of the Iran nuclear agreement will not have the votes in Congress necessary to retract the President’s sanctions waiver authority by…
Just Security

The Microsoft Warrant Case: A Response to Orin Kerr

With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
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