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.
4,713 Articles
Remedies for Egregious Constitutional Violations and the Topside D.C. Circuit Briefing in Meshal
Back in June, I wrote a long post about the D.C. district court’s decision in Meshal v. Higgenbotham, in which Judge Sullivan dismissed a damages suit brought by a U.S.…
Did USAID engage in “covert action” in Cuba without proper domestic legal authority?
Lost in last week’s wave of news coverage on Cuba was an important Associated Press story on reportedly clandestine practices conducted by the U.S. Agency for International Development…
The Sony Hack: Norms and North Korea
In statements on the Sony hack on Friday, both Secretary of State John Kerry and President Obama highlighted the need to develop norms for state behavior in cyberspace. Tying the…
Not to be Forgotten: The Case of Maher Arar
In the midst of our ongoing coverage of the content of, and fall out from, the Senate Select Intelligence Committee Report, and debates about the obligation to devise some form…
Guest Post: Torture is Still on the Table
The recent Senate Intelligence Committee’s report on CIA interrogations is a parade of horribles. Detainees by the dozen arrested wrongfully and later released, including innocent…
In 2007, One Judge Said No to the NSA
Last week, the government quietly released a new cache of court filings and orders from late 2006 and early 2007 that together reveal a watershed moment in the government’s effort…
Flashback—Ex-Bush Official, Col. Wilkerson: “I am Willing to Testify” If Dick Cheney is Prosecuted for Torture
I was reminded yesterday of an interview on Democracy Now! with Colonel Lawrence Wilkerson (ret.) in 2011, in which he was asked about Vice President Dick Cheney’s recently released…
New National Security Appointees
The 113th Congress has concluded its work and in some of its last actions, the Senate confirmed the White House’s nominees to a number of administration posts relevant to…
Guest Post: Drone Courts–A Response to Professor Vladeck
Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,”…
The Washington Post Editorial Board’s (mis)conception of Congress’s role in war authorizations
In Monday’s Washington Post, the editorial board called for the next Congress to prioritize passage of an authorization for use of military force (AUMF) against ISIL, but also…
The Unintended Consequences of the 2001 AUMF Sunset
I join Ryan Goodman in applauding the Senate Foreign Relations Committee under the strong leadership of its Chairman Bob Menendez (D-N.J.), Sen. Tim Kaine (D-Va.), and many others…
The Cost-Benefit Analysis: The Preventive Value of the Senate Torture Report
Amidst the full-throated defense of the CIA’s interrogation tactics (see, e.g., Cheney – “I’d do it again”), the President’s refusal to state whether or not abusive…