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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General Martins on the Shrinking Military Commissions

Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
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An “Islamic State” of Mind

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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On Rereading the Torture Report – SSCI Focus Gave Too Many Perpetrators a Pass

I have an opinion piece in today’s New York Times Sunday Review provocatively titled (by the NYT editors), “Did the Torture Report Give the CIA a Bum Rap?” Why now, and why…
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Any Effort to Counter Violent Extremism Must Deal with Religion

Academically, I agree with the thrust of the Obama administration’s efforts not to invoke religion and thereby lend legitimacy to thugs and criminals. The problem with such a…
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Six Questions Congress Should Ask the Administration about its ISIL AUMF

[Cross-posted at Lawfare] With congressional hearings on the Obama Administration’s proposed Authorization for the Use of Military Force (AUMF) for the Islamic State on the horizon,…
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Washington’s New Drone Sales Policy Could Export US-Style Drone War

This week, the United States released a new policy for the export of US-made drones. The policy conditions any drone sale on a pledge by the foreign buyer government that it will…
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Think Again: The Limitations in the President’s Draft AUMF Do Have Meaning

Several prominent commentators have argued that the limitations in President Obama’s draft AUMF against the Islamic State of Iraq and the Levant (ISIL) would be meaningless if…
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Guest Post: CVE Efforts Should be Based on Facts, Not Flawed Theories

Ed. note: This guest post was produced as part of the Brennan Center for Justice’s interview series, Rethinking Intelligence. Yesterday, the White House kicked-off a three-day summit…
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The Shrinking Military Commissions, Redux

Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
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AUMF, “Associated Forces,” and Slippery Slopes: Two More Data Points

I recently examined, in an essay at Foreign Policy, the unusually expansive definition of associated forces and successor entities in the President’s proposed authorization to…
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The Fine Line Between Collective Self-Defense and Intervention by Invitation: Reflections on the Use of Force against ‘IS’ in Syria

Bashar and Asma al-Assad. Image credit: Ricardo Stuckert/ABr via Wikimedia Commons. [Editor’s Note from Ryan Goodman: With the U.S. Congress turning its attention to an…
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Sens. Cardin and Murphy Offer Up Bill to Sunset 2001 AUMF

Sens. Ben Cardin (D-Md.) and Chris Murphy (D-Conn.) introduced legislation today to sunset the 2001 Authorization for the Use of Military Force (AUMF) against al-Qaeda. This comes…
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