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
Corn and Jenks and Me on
Military Jurisdiction and Article III
For Federal Courts nerds, those with nothing better to do, or both, I thought I’d post links to two pieces of interest arising out of my recently published article, Military…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
The Perverse and Unintended Consequences of Serdar Mohammed v. Defence
An important case in the United Kingdom (Serdar Mohammed v. Defence) and a major statement by the UN Human Rights Committee (General Comment 35) come to the wrong legal conclusion:…
We Need a Full, Transparent Review of the US Targeted Killing Program
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…
Hillary Clinton’s Emails and State Department Daylight
The controversy regarding Hillary Clinton’s use of a private email server while serving as Secretary of State has largely centered on any effects it may have had on the Benghazi…
The Government (Sort of) Wins a Guantánamo Military Commission Appeal
No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?
The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
Questions About Baathists’ Role in the Islamic State
A fascinating article in Der Spiegel on April 18 details the supposed inner workings of an Islamic State that is less a caliphate and more a power being established by Saddam…
The NDAA 2016: GTMO Restrictions Redux (and A Sensible Alternative From Rep. Smith)
The full House Armed Service Committee today will be considering (what’s known as “marking up”) the draft National Defense Authorization Act for 2016 (NDAA). Sections 1036…
Ten More Strikes the Obama Administration Should Immediately Acknowledge and Investigate
The Obama administration took a long overdue step toward transparency for its “targeted” killing program when it last week openly acknowledged and took responsibility for the…
CIA Exemption from President’s Restrictions on Drone Strikes in Pakistan
In May 2013, President Obama announced a new directive which presumably places heavy restrictions on drone strikes and other lethal operations outside of the Afghan theater. One…
US Drone Killings of Western Aid Workers Highlight Problems of Nebulous War
President Obama’s apology for the accidental killings of two innocent hostages by US drones in Pakistan has led to understandable criticism of the United States’ secret drone…