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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What is the Remedy for American Torture?

Asst. Sec. of State for Democracy, Human Rights, and Labor, Tom Malinowski stated to the UN Committee on Torture two weeks ago that: A little more than ten years ago, our government…
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The Global Reach of the U.S. Position on Torture

The U.S. government’s public pronouncement that the Convention Against Torture (CAT) applies beyond U.S. borders and in situations of armed conflict—its unequivocal “yes”…
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The US Needs a New International Strategy for Cyberspace

Editors’ Note: The following post is the latest installment of our weekly feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth…
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Why the immigration initiative has nothing to do with assertions of executive constitutional power

My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.
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Takeaways from the House Intelligence Committee Cybersecurity Hearing

On Thursday morning, the House Permanent Select Committee on Intelligence held a hearing on “Cybersecurity Threats: The Way Forward,” featuring testimony by Adm. Michael Rogers,…
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The Hicks Military Commission Appeal

Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
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The End of the Snowden Affair

Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when…
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Obama Administration’s Position on the UN Torture Convention: New? Yes. Significant? Not so much

Could it be that American international law experts and human rights advocates are suffering from some form of Stockholm Syndrome — so many defeats and dashed hopes at the…
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America’s “Unequivocal Yes” to the Torture Ban

Last week in Geneva, the U.S. delegation appeared before the Committee Against Torture and announced important changes to the U.S. government’s legal position regarding the…
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What the Cold War Can Teach Us About Containing ISIL

Editors’ Note: The following post is the latest installment of “Monday Reflections,” in which a different Just Security editor takes an in-depth look at the big stories…
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Debunking the “Vichy France” Argument on Authorization to Use Force against Co-Belligerents

If Congress authorizes the President to wage war against an enemy (e.g., Al Qaeda), can the President also wage war against co-belligerents of that enemy (e.g., Al Qaeda of the…
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Seeking Consensus on AUMFs

[Cross-posted at Lawfare] The three of us have coauthored an Op-Ed in Sunday’s Washington Post on the topic of congressional authorization for the use of force against ISIL and…
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