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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4,597 Articles
Just Security

Ebola Could Become President Obama’s Katrina

Ebola could become President Barack Obama’s hurricane Katrina in terms of the inadequacy of the government’s response. The US government is in reaction mode, seemingly…
Just Security

One More Thing on Goldsmith & Waxman

There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Just Security

Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference

Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…
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Rejecting the Bush Comparison: A Response to Goldsmith & Waxman

Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
Just Security

New al-Nashiri developments . . . regarding the MV Limburg and USS COLE charges [UPDATED as of late November]

In recent days the lawyers for Abd al-Rahim Hussain al-Nashiri, the military commission defendant charged with involvement in the bombings of the USS COLE and MV Limburg, have…
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Authorizing Force: A Review of Turkish, Dutch and French Action

As the number of states using military force against ISIS in Syria and Iraq have increased, a series of domestic authorizations have emerged from their national executives and…
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CIA Report: Giving Rebels Weapons Without Direct Support Rarely Helps

This morning, the New York Times ran a story about an internal CIA study commissioned in the last two years that found the agency’s historic efforts to arm rebels have had a…
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Executive Order 12333 and the Golden Number

I recently moderated a debate between Professor Nathan Sales of Syracuse Law, Professor Laura Donohue of Georgetown Law, Bob Litt, general counsel of the Office of the Director…
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Ending the Forever War is (Still) in Reach–a.k.a. How I Read the Goldsmith-Koh Exchange

Last week, Harold Koh wrote another important intervention in his efforts to help steer the United States out of “the Forever War.” That objective is to take the country eventually…
Just Security

Leon Panetta: Administration’s Reliance on 2001 AUMF to Fight ISIL is Flawed

Leon Panetta’s book, “Worthy Fights: A Memoir of Leadership in War and Peace,” was released on Tuesday. Panetta’s perspectives benefit from a career of service…
Just Security

The Wrong (and Right) Lessons Re: Congressional Inaction on ISIL

Editors’ Note: The following post is the fifth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an…
Just Security

Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)

The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
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