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.
4,606 Articles
Ongoing “Covert” Training of Syrian Rebels: But is it still covert . . . and, if so, why?
[Cross-posted at Lawfare] Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to “provide assistance,…
Congress Appropriates Funds for President to Train Syrian Opposition
This week, Congress passed a continuing resolution for the fiscal year 2015, H.J. Res. 214, with a roll call of 78-22 in the Senate and 319-108 in the House. [Text, PDF.] Section…
Guest Post: A Reply to Ryan Vogel and Marty Lederman on DoD Directive 2310.01E [Updated]
Time and again since 9/11 we’ve seen laws, regulations and government officials say one thing, but when awkward facts come to light, we find out that they meant something…
SFRC Access to Intelligence Information During Force Authorization Debate
On Wednesday, the Senate Foreign Relations Committee held a hearing on the Administration’s proposed strategy to defeat the Islamic State featuring Secretary of State John Kerry. …
The unresolved problems with the DoD Directive definition of “unprivileged belligerency”: A response to Ryan Vogel [Updated]
Thanks so much to former DoD official Ryan Vogel for his important guest post explaining the origins and objectives of the new Department of Defense Directive 2310.01E, regarding…
Sec. Kerry’s difficult defense of 2001 AUMF application to ISIL–and Senators’ Disbelief
Wednesday’s Senate Committee on Foreign Relations (SCFR) hearing on ISIL presented an opportunity for the administration to defend its theory that the use of force against ISIL…
Kaine’s Proposed AUMF Would Allow Limited Ground Combat Against ISIL
Sen. Tim Kaine (D-VA), this morning released a draft proposal of an AUMF against the Islamic State that would authorize American ground troops to engage in limited combat in Iraq…
A Response on Department of Defense Directive 2310.01E (Detainee Program)
Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…
Hagel and Dempsey Won’t Rule Out Possibility of U.S. Ground Combat Troops in Iraq
On Sept. 16, U.S. Defense Secretary Chuck Hagel and Joint Chiefs of Staff Chairman Gen. Martin Dempsey testified before the U.S. Senate Armed Services Committee on the Pentagon’s…
ECHR: UK Did Not Violate Hassan’s Human Rights
The Grand Chamber of the European Court of Human Rights today found that the British government did not violate the human rights of Iraqi Ba’ath Party member Tarek Hassan…
Justice Department Proposal Would Massively Expand FBI Extraterritorial Surveillance
A Department of Justice proposal to amend Rule 41 of the Federal Rules of Criminal Procedure would make it easier for domestic law enforcement to hack into computers of people…
A Guantánamo Test Case for the “New” D.C. Circuit
Back in August, I wrote about the D.C. Circuit’s disappointing decision in Hatim v. Obama (the genital searches case), in which the Court of Appeals (1) held that the…