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

Has the Gov’t Under-Charged an al-Qaeda Recruit?: The Ohio case of Abdirahman Sheik Mohamud

An important criminal charge is conspicuously absent in the Indictment of Abdirahman Sheik Mohamud, who is reportedly “the first American accused of returning from Syria with…
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Three Quick Thoughts on the Drone Strike in Pakistan That Killed Two Innocent Civilians

Below are my initial thoughts on today’s tragic news that a January 2015 US “targeted killing” drone strike in Pakistan killed two innocent civilians held as hostages…
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Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!

With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…
Just Security

As the Senate Torture Report Gathers Dust, Is the Obama Administration Giving Torturers De Facto Amnesty?

It has been more than four months since the Senate Intelligence Committee (SSCI) published the summary of its report on the secret detention program operated by the CIA after the…
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Just Security’s Guide to the 2016 Presidential Candidates and National Security

The 2016 presidential election is more than 18 months away, but the races are already heating up with Ted Cruz, Marco Rubio, Rand Paul, and Hillary Clinton in the running so far.…
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The al Bahlul Oral Argument Semianniversary

Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…
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Text of the Schiff-Cole Letter Requesting House Vote on an ISIL-Specific AUMF

Below is the text of the draft letter being circulated to House members by Reps. Adam Schiff (D-Calif.) and Tom Cole (R-Okla.) urging House Speaker John Boehner (R-Ohio) to hold…
Just Security

The Power of Rhetoric in the Civilian-Military Divide

On April 10, Stephen Preston, General Counsel for the Defense Department, spoke at the annual meeting of the American Society of International Law. He ended his remarks on the…
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U.S. Policy on the ICC Crime of Aggression Announced

At the Annual Meeting of the American Society of International Law earlier this month, Professor Michael J. Matheson of George Washington University Law School chaired a fascinating…
Just Security

Harold Koh and the Battle of the Dueling Petitions

Last month NYU students and others sent a petition to the Dean of Law and the President of NYU calling Harold Koh’s “presence at NYU Law and, in particular, as a professor…
Just Security

Rethinking How We Wage the Forever War

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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The Complexity of Addressing Sexual Violence Experienced by Guantanamo Bay Detainees

The Senate Torture Report enabled deeper understanding of the depth and range of violence experienced at CIA black sites by male detainees who later ended up at Guantanamo Bay,…
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