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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Just Security

Kerry Outlines 5 Key Positions: What the Administration wants in an ISIL AUMF [Updated]

In his opening statement before the Senate Committee on Foreign Relations on Tuesday, Secretary of State John Kerry outlined the Administration’s position on  five core issues…
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Senate Report on Interrogation Program – Executive Summary and Opposing Views

The Senate Select Committee on Intelligence has finally released the executive summary of its report on the CIA interrogation program. The full document can be found at the bottom…
Just Security

An AUMF for ISIL: A Survey of Different Drafts & Proposals [Updated]

[I have updated this survey to include new proposals and in light of this week’s Senate Foreign Relations Committee hearings on drafting an AUMF.] With the President now…
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It Will Take More Than Body Cameras to Restore Trust in Law Enforcement

Editors’ Note: The following post is the latest installment of our “Monday Reflections,” in which a different Just Security editor examines the big stories from the previous…
Just Security

Highlights (and Concerns) for Senator Menendez’s Draft AUMF

Senator Bob Menendez, Chairman of the Senate Foreign Relations Committee, has circulated a draft authorization for the use of force (AUMF) against ISIL.  Importantly, Sen. Menendez…
Just Security

The Torture Convention & Appendix M of the Army Field Manual on Interrogations

We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
Just Security

The 2015 National Defense Authorization Act: A Silver Lining for Guantanamo Detainees

Yesterday afternoon the House approved the Senate and House-agreed upon version of the National Defense Authorization Act for 2015, with two noteworthy consequences for Guantanamo…
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How an ISIL-Specific AUMF Affects Interpretations of the 2001/2002 AUMFs

From the moment the United States began military operations against the Islamic State, questions have arisen about the domestic legal basis for the use of American force. The major…
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Int’l Criminal Court’s Examination of U.S. Treatment of Detainees Takes Shape

On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in…
Just Security

The Senate Torture Report Should Name Victims

The Senate Intelligence Committee finally appears ready to release a redacted summary of its report on CIA torture and abuse of suspected terrorists. The release of this document…
Just Security

Drone Courts: The Wrong Solution to the Wrong Problem

A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
Just Security

U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty

On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
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