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.
4,801 Articles
War: What Is It Good For? — Revisiting Strategic Questions Congress Should Ask in Debating an ISIL AUMF
As I revisited the series of 20 questions I recommended Congress consider in September 2014 regarding US strategy to combat the threat posed by ISIL, I remembered the advice an…
The “Snooper’s Charter” and Judicial Oversight
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…
The Worst of the Worst? What al-Shamiri’s Case Tells Us About Gitmo Detainees
Earlier this month, the US government revealed that Guantánamo detainee Mustafa al-Aziz al-Shamiri was a low-level fighter, not the al-Qaeda courier and trainer the government…
OmniCISA Pits DHS Against the FCC and FTC on User Privacy
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would…
Cruz & Rubio’s Confusing USA Freedom Exchange
A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
Human Shields: The Dialogue Continues
As avid readers of Just Security may recall, last summer Professor Adil Ahmad Haque and I engaged in an animated discussion about the new Defense Department Law of War Manual’s…
The FBI Should Stop Undermining Norms Before They Take Root
Reports surfaced last month suggesting that Carnegie Mellon University (CMU) has been helping the FBI crack Tor, the secure browsing application used by privacy-conscious Internet…
War-Sustaining Activities and Direct Participation in the DOD Law of War Manual
In a recent post on Lawfare, Butch Bracknell discussed the use of leaflets by the United States to warn truck drivers transporting oil for ISIL of an impending attack. Bracknell…
Don’t Forget the Other Legal Issues in the 9/11 Trial
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…
Why should the Constitution require Article III courts for criminal trials of federal offenses?
[UPDATED for clarification.] Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…