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.
4,599 Articles
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Homeland Insecurity: Checkpoints, Warrantless Searches and Security Theater
Since June 2013, the American public, press, and policy-makers have been debating the implications of Edward Snowden’s disclosures of mass U.S. government surveillance programs,…
Did the U.S.-Israeli killing of Mughniyah violate international law?
Over the weekend, The Washington Post reported on a joint U.S.-Israeli operation that killed Imad Mughniyah—Hezbollah’s reported chief of international operations—on the…
International Cyber Governance: Engagement Without Agreement?
The following post is the latest installment of our Monday Reflections feature in which a different Just Security editor takes an in-depth look at the big stories from the…
Basic category error by ten members of the Senate Judiciary Committee
Last Tuesday, AG-Designate Loretta Lynch, in her capacity as U.S. Attorney for the Eastern District of New York, announced the unsealing of a complaint and arrest warrant that…
Schiff Introduces Updated Proposal for AUMF to Fight the Islamic State
Earlier today, Rep. Adam Schiff (D-Calif.) introduced a new proposal for a limited authorization for the use of military force (AUMF) against the Islamic State. Though largely…
You Should Care About Mutual Legal Assistance More Than You Do
About a year ago, I wrote here that the mutual legal assistance (MLA) regime – the legal system that regulates government-to-government requests for evidence in criminal investigations,…
One Way Sri Lanka Can Shield its ex-Defense Secretary from a U.S. Criminal Prosecution
Last week, Sri Lanka’s Justice Deputy Minister responded to an Op-Ed that I published in the New York Times, in which I described reasons that the United States can and should…
Assad: Willing to risk direct confrontation with U.S. over moderate rebels—and stronger opposition to US airstrikes
Syrian President Bashar al-Assad’s interview with Foreign Affairs’ Jonathan Tepperman provides several important nuggets for international lawyers and policymakers to analyze.…
Boehner Invites Bibi: A Closer Look at Historical Practice
As many have noted, Israeli Prime Minister Benjamin Netanyahu’s upcoming address to Congress is intriguing because of the process by which it was arranged: House Speaker John…
General Dempsey’s Position on an AUMF for ISIL: The Good, the Bad, and the Confusing
Chairman of the Joint Chiefs of Staff, Army Gen. Martin E. Dempsey gave his views of what a congressional authorization for the use of force against ISIL should contain, in an…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…