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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4,713 Articles
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Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
Just Security

We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Just Security

Bulk Collection Under Section 215 Has Ended… What’s Next?

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…
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Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
Just Security

The President’s NDAA signing statement re: GTMO and anti-torture provisions

The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
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Liberté, Égalité, Fraternité … Sécurité

Within a few hours of the terrorist attacks on Paris which left 130 dead and some 350 injured, President François Hollande declared a nationwide state of emergency in accordance…
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Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Just Security

Power Wars Symposium: A Study in Contrasting Views of Executive Authority

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…
Just Security

The Government Should Stop Rewarding Bad Policies for Police Body Cameras

Body cameras have major potential to increase police accountability. However, without informed policies governing their use, they might not only fail in this goal, they could actually…
Just Security

No War Crime? No War Crimes Trial!

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Just Security

Still Secret: Second Circuit Keeps More Drone Memos From the Public

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Just Security

Why Al Bahlul IV Won’t Matter

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
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