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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4,595 Articles
U.S. Republican Presidential Candidate and former President Donald Trump speaks at the U.S.-Mexico border

‘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.…
Wiley and Zuckerberg are sitting at a table in a hearing room, with others seated behind them, against a backdrop of a heavy-looking dark red curtain.

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.
A large UN meeting room.

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.
The U.S. Capitol in Washington, D.C.

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…
The three former political prisoners are laughing as they sit at a table in front of microphones against a blue backdrop displaying the logo of German news agency Deutsche Welle, which organized the press conference.

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.
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

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…
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

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.
WASHINGTON, DC - AUGUST 01: U.S. President Joe Biden speaks from the Blue Room balcony of the White House on August 1, 2022 in Washington, DC. Biden announced that over the weekend, U.S. forces launched an airstrike in Afghanistan that killed al-Qaeda leader Ayman Al-Zawahiri. Zawahiri, 71, took over leadership of al-Qaeda in 2011, shortly after American forces killed Osama bin Laden. The president said there were no civilian casualties. (Photo by Jim Watson-Pool/Getty Images)

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…
Save Our Allies workers hand out toys in a supply tent in an Afghan refugee camp on November 4, 2021 in Holloman Air Force Base, New Mexico.

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.
A white sign with blue writing on it reads "Camp Justice" with a blue sky behind it and a U.S. flag flying above.

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…
Nuclear submarine at sea at sunset.

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.…
Digital generated image of multi coloured data against black background.

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.
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