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
A Proposal to Improve Foreign Law Enforcement Access to US-Held Data
In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
Video from The Going Dark Debate: Just Security’s Second Anniversary
As consumers increasingly adopt encryption tools, government officials have warned of the “Going Dark” problem – the notion that widespread encryption will thwart legitimate…
The US-China Cyber Agreement: What’s In and What’s Out
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…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…
UK’s Legal Rationale for Drone Strikes Differs Fundamentally From US Rationale
Much of the public commentary concerning the UK’s targeted strike in Syria against a British national who had joined ISIS (along with other individuals with him at the time)…
The Remarkable (and Remarkably Unnoticed) Guantánamo PRB Scorecard
One of the best-kept secrets concerning the ongoing detentions of non-citizens at Guantánamo is the Periodic Review Board (PRB) process being conducted pursuant to Executive…
The Arab Awakening, Civil Society, and the Choice Between Two Ways of Governing
Several weeks ago, I met with Prime Minister Essid and other members of Tunisia’s government and parliament to discuss reforms and the serious economic and security challenges…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
ODNI’s Latest Guantánamo Reengagement Numbers Are Encouraging
Earlier this month, the Office of the Director of National Intelligence (ODNI) released its bi-annual assessment of the “reengagement” of released Guantánamo Bay detainees.…
Watching the En Banc Clock in al Bahlul
Just a friendly reminder that the government’s petition for rehearing en banc in the D.C. Circuit in al Bahlul v. United States remains pending… Al Bahlul’s…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…