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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U.S. Edges Back Toward Landmine Treaty Path

After an agonizing five-year wait, the US announced the initial results of its landmine policy review on June 27, the final day of the Mine Ban Treaty’s Third Review Conference…
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“Techniques that I believe and I think any fair-minded person would believe were torture”: Redacted CIA report summary now in the hands of the SSCI–What next? [UPDATED]

[UPDATED August 2]  The President announced yesterday that the Executive branch has now provided to the Senate Select Committee on Intelligence a partially declassified version…
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Deferential D.C. Circuit Upholds Genital Searches at Guantánamo

I’ve written before about the potential significance of the Guantánamo “counsel access” case—Hatim v. Obama–which raised the question of whether…
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Russian Treaty Violations: A Blast from the Past or an Omen for the Future

On July 28, the New York Times ran a story with the headline “U.S. Says Russia Tested Cruise Missile, Violating Treaty.” Surprisingly, this story about an arms control…
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Updated developments regarding FAA Section 702 and related matters

I’ve published a couple of posts here tracking some of the more important recent developments respecting Section 702 of the FISA Amendments Act of 2008.  This post is an…
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Court Rules Against Microsoft: Questions of Data, Territoriality, and the Government’s Search Authority Headed to the 2nd Circuit

I blogged previously about the really interesting dispute between Microsoft and the government regarding the territorial reach of the warrant authority under ECPA. As you may recall,…
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Multiple Choice: Who Said This on Transparency and Targeted Killings Across State Borders?

Question: Who said this? “While the U.S. regards attacks on terrorists being protected in the sovereign territory of other States as potentially justifiable when undertaken in…
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New Report on the Costs of NSA Surveillance

On the same day Senator Leahy introduced an updated USA FREEDOM Act [and don’t miss Jennifer Granick’s analysis of the bill], the New America Foundation‘s Open…
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Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa

This is the second post arising out of a presentation I made at a congressional briefing earlier this month on issues of accountability in Sri Lanka. The analysis below is also…
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New Cybersecurity Primer by the Center for a New American Security

Last week the Center for a New American Security (CNAS) released a new report on cybersecurity authored by Richard Danzig titled “Surviving on a Diet of Poisoned Fruit: Reducing…
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The Accountability Matrix Widens: Torture, Black Sites and the European Convention

Long awaited decisions by the European Court of Human Rights emerged last week (initially reported here) that substantially address torture and the complicity of European states…
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A Last Word on Lisa Monaco and AUMF Reform

In light of various offline comments, and Ben’s latest Lawfare post, let me briefly elaborate upon my post from this morning with respect to Saturday’s remarks by…
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