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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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,…
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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…
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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…
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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,…
Just Security

What’s Lost in the Move-Guantánamo-North Debate

Defense Secretary Ash Carter has been doing a lot of public hand-wringing lately over what he’s going to do with the Guantánamo detainees he’s decided will have to be moved…
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Questions the Media Should Be Asking About DOD’s Latest Targeted Killing

Last week, the Pentagon confirmed that an American drone strike in Raqqa, Syria, killed a hacker named Junaid Hussain, a British man also believed to be a recruiter for ISIL.…
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Politicization of Intelligence: Lessons From a Long, Dishonorable History

The Daily Beast and the New York Times have reported allegations that senior (but thus far unidentified) Defense Department and United States Central Command (CENTCOM) officials…
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Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman

This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
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Armed Drones and the Influence of Big Business on Police Surveillance Technology

On Wednesday, the Daily Beast reported that the North Dakota state legislature recently passed a bill allowing law enforcement drones to carry less-than-lethal weapons. In theory,…
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The Alarming Gaps in Military Appellate Review

We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
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The Supreme Court, ISIS, and the War Powers

In the latest issue of the Atlantic, Yale Professor Bruce Ackerman has a provocative essay titled “Can the Supreme Court Force Congress to Own the War on ISIS?” Not…
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On the Front Lines: Women and the Military

Images of the first two female rangers to graduate from the Army Ranger school last Friday made front page news over the weekend. The grueling physical challenges conquered by…
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