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.
4,597 Articles
The Erosion of a Secret
Drone Timeline (Click to Enlarge) In connection with an ACLU Freedom of Information Act lawsuit pending before the U.S. District Court for the District of Columbia, the CIA has…
What Does the “Unwilling or Unable” Standard Mean in the Context of Syria?
[Editor’s note: Ryan Goodman responds to Professor Lewis in a subsequent post. See also a response by Jonathan Horowitz] President Obama has now announced his intentions to carry…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Tentative first reactions to the 2001 AUMF theory [updated]
As I understand it, the Administration’s legal theory, as articulated by a senior official last evening, is something like the following: In 2004, ISIL (then known as al…
Democracy’s Failure
A year ago, President Obama gave a major counterterrorism speech in which he promised to “refine, and ultimately repeal” the 2001 AUMF. Yesterday, his administration announced…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
The War Powers Clock(s) in Iraq
Jack Goldsmith has a very helpful post up on Lawfare, explaining that the President had issued three separate War Powers notifications to Congress over the past month with respect…
Whose Hype are You Going to Believe?: How Not to Evaluate the ISIL Threat to the U.S.
On Friday, Peter Bergen and David Sterman wrote an article for CNN Opinion entitled, “ISIS Threat to U.S. Mostly Hype.” (Bergen is also CNN’s national security analyst.)…
The Guns of September
[Editors’ Note: The following post is the first installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a longer…
New Submission on US Military Justice Noncompliance with the ICCPR
Three legal experts (Eugene R. Fidell, Elizabeth L. Hillman, and Nancy Duff Campbell) and two organizations (Amnesty International and The International Commission of Jurists)…
Guest Post: DoD Directive 2310.01E
As Steve Vladeck noted yesterday, the Department of Defense is out with a new version of its Directive 2310.01E on detainee operations. Steve asks the big question: why now?…
Al-Shabaab Leader Killed in US Strike
The White House has announced the death of Ahmed Godane, the leader of Al-Shabaab, in a press statement. Ryan had previously analyzed the legal basis for targeting Godane in this…