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 Very Strange New DoD Detainee Directive
On August 19, the Department of Defense apparently issued a new version of “Directive 2310.01E,” which, if you haven’t been scoring at home, is one of the central…
DOJ and ODNI Support the Senate Version of the USA FREEDOM Act
The headline won’t surprise those who have been following the surveillance reform debate. But on August 19, Senate Judiciary Committee Chairman Leahy sent a letter to Attorney…
Exhibit #1: How Not to Authorize Armed Conflict
Rep Frank Wolf (R-VA) is planning to introduce a new force authorization when Congress returns from recess next week. Entitled an “Authorization for Use of Military Force Against…
Key Government Legal Offices Need Permanent Leadership
The Obama administration is confronting a range of foreign crises. Options for responding will continue to present difficult questions of both domestic and international law. And…
Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity
Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…
Targeting Al-Shabaab’s Godane is not the same as targeting Al-Shabaab
On Monday, the US military conducted an airstrike in Somalia, in which the primary target was reportedly Ahmed Abdi Godane, the leader of the militant group Al-Shabaab. Based…
Harold Koh on the International and Domestic Legal Options for Containing ISIL
Just Security’s Harold Koh has a must-read piece in Politico, analyzing the legal and policy choices for the President to confront ISIL. Harold stakes out several important…
International Law on Airstrikes against ISIS in Syria
The administration is actively considering the option of using military force against ISIS in Syria. As the New York Times editorial board states today: “The United States, however,…
Australia’s collateral damage in the US drone program
In the last few years there has been a hotly contested global debate about the civilian impact of the U.S. drone strike program and its moral and legal justifications. Despite…
The National Security Implications of Pakistan’s Latest Political Crisis
Once again, Pakistan is suffering from a self-induced political crisis. For days, street protests led by opposition politicians Imran Khan and Tahir-ul-Qadri have paralyzed Islamabad…
Hope for Yemeni Detainees?
Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
The Administration’s Theory for How the 2001 AUMF Could Apply to ISIS
Senator Tim Kaine, in a statement on Monday, marked out the position that expanded military operations against ISIS are not covered by Congress’s 2001 authorization for use of…