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
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
Human Shields in the DOD Manual: A New Mistake or an Old One?
Since the Defense Department published its new Law of War Manual, major media outlets have scrutinized its treatment of journalists while ignoring its treatment of ordinary civilians.…
Video: Obama’s Drone Legacy, A Conversation With Scott Shane
What will be the legacy of President Obama’s drone program? How will the next president use armed drones and targeted killings? What was the political and legal significance…
Honor, Morality, and the DOD Law of War Manual
As faithful readers of Just Security’s “mini forum” on the new DOD Law of War Manual may recall, Prof. Adil Haque and I sparred last summer over several of the manual’s…
Kunduz Update
The Afghan government is doubling down on its strong insinuations that a Médecins Sans Frontières hospital that US and Afghan forces bombed in Kunduz on October 3 was a legitimate…
After the NDAA Veto: Now What?
This time, he’s serious. After all these years of unexecuted veto threats, on October 22, 2015, President Obama finally vetoed the $612 billion National Defense and Authorization…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Human Shields: The Weapon of the Strong
In a series of interventions, Adil Ahmad Haque and Charlie Dunlap have debated the Defense Department Law of War Manual’s position on human shields (here, here, and here). Claiming…
Update on Apple’s Compelled-Decryption Case
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act,…
The Latest Stumbling Block in the 9/11 Case: Self-Representation and Classified Evidence
Can a military commission defendant represent himself if he can’t see the classified evidence against him? That’s the outstanding issue in the 9/11 case taking place at the…
Drone Disclosures, Official and Not
As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
Korematsu’s Demise?
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…