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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End of War = End of Detention? Taliban detainee files renewed habeas petition

At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…
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Just Security Q&A with Rep. Adam Schiff on ISIL AUMF

Rep. Adam Schiff (D-Calif.), ranking member of the House Intelligence Committee, has become a prominent voice among lawmakers demanding that Congress authorize the fight against…
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Sexual Torture, Rape, and Gender-Based Violence in the Senate Torture Report

The ramifications and significance of the Senate Torture Report continue to spin out in various fora. While I have noted that the use of certain torture methods used at Guantanamo…
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DOJ Inspector General Complains About FBI Foot-dragging

Late last week, the Inspector General (IG) for the Justice Department sent a letter to Congress complaining of the FBI’s refusal to set a timeline for turning over documents…
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Associated Forces and Co-belligerency

While Congress is expected to adopt a new Authorization for Use of Military Force (AUMF) against the Islamic State of Iraq and the Levant (ISIL), debate continues on the scope…
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Just Security at the Future of War Conference

The New America Foundation and Arizona State University will be hosting their first annual Future of War Conference in Washington, DC on Tuesday, Feb. 24, and Wednesday, Feb. 25.…
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General Martins on the Shrinking Military Commissions

Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
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An “Islamic State” of Mind

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 week or looks…
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On Rereading the Torture Report – SSCI Focus Gave Too Many Perpetrators a Pass

I have an opinion piece in today’s New York Times Sunday Review provocatively titled (by the NYT editors), “Did the Torture Report Give the CIA a Bum Rap?” Why now, and why…
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Any Effort to Counter Violent Extremism Must Deal with Religion

Academically, I agree with the thrust of the Obama administration’s efforts not to invoke religion and thereby lend legitimacy to thugs and criminals. The problem with such a…
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Six Questions Congress Should Ask the Administration about its ISIL AUMF

[Cross-posted at Lawfare] With congressional hearings on the Obama Administration’s proposed Authorization for the Use of Military Force (AUMF) for the Islamic State on the horizon,…
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Washington’s New Drone Sales Policy Could Export US-Style Drone War

This week, the United States released a new policy for the export of US-made drones. The policy conditions any drone sale on a pledge by the foreign buyer government that it will…
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