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.
4,595 Articles

‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies
Were Trump an immigrant and subject to the same scrutiny as those he now maligns, he would be at high risk of being either refused entry, denied a green card, or rejected for citizenship.…

Don’t Downplay Risks of AI for Democracy
In the midst of the first-ever round of AI-influenced elections globally, it’s important to guard against a false sense of security.

The UN Cybercrime Convention: Analyzing the Risks to Human Rights and Global Privacy
A detailed analysis of the human rights and digital privacy implications of the United Nations Convention Against Cybercrime.

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…

Magnitsky Sanctions and Political Prisoners: Lessons from the Case of Vladimir Kara-Murza
The US and allies can build on the coordinated Magnitsky-like sanctions in his case to continue turning up the heat on repressive regimes.

Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…

Expert Explainer: The US for the first time submits a formal brief to the International Criminal Court on the ‘Situation in Palestine’
A Q&A with Todd Buchwald, former U.S. Ambassador for Global Criminal Justice at the U.S. Department of State.

A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…

US Is Finally Aiding Stranded Afghan Allies, But Congress Needs to Step Up
Crucial bipartisan legislation has been stalled for years, placing the burden of care on hardworking Americans instead.

Revoking the 9/11 Plea Deals: Human Rights Consequences
Defense Secretary Austin's decision to discard the 9/11 plea deals at the Guantanamo military commissions is a missed opportunity for the United States to achieve a rule of law-compliant…

Why Congress Shouldn’t Fund a New Sea-Launched Nuke
Reviving the nuclear-armed sea-launched cruise missile not only goes against sound military doctrine, it also undermines the basic national interests the US Navy has always protected.…

The Double Black Box: AI Inside the National Security Ecosystem
The use of AI to advance U.S. national security will complicate the application of constitutional checks and balances.