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.
4,757 Articles
Guest Post: They Knew It Was Illegal
The Senate Intelligence Committee report released December 9 confirms many already-reported facts about the CIA torture program, including the agency’s use of brutal stress positions,…
State Responsibility and Reparation for Torture as a Violation of IHL
The Senate Select Committee on Intelligence (SSCI) yesterday released the redacted executive summary of its report on the CIA’s rendition, detention and interrogation program.…
Torture: Unreliable and Inestimably Costly
A few years ago, I served as a member of the Constitution Project’s Task Force on Detainee Treatment – an 11-member, bi-partisan group of former, high-ranking officials in…
A Guantánamo (Numerical) Milestone, and What It Means…
Although public and media attention has been, understandably, focused on this morning’s release of the SSCI Torture Report, another piece of national security-related news…
Kerry Outlines 5 Key Positions: What the Administration wants in an ISIL AUMF [Updated]
In his opening statement before the Senate Committee on Foreign Relations on Tuesday, Secretary of State John Kerry outlined the Administration’s position on five core issues…
Senate Report on Interrogation Program – Executive Summary and Opposing Views
The Senate Select Committee on Intelligence has finally released the executive summary of its report on the CIA interrogation program. The full document can be found at the bottom…
An AUMF for ISIL: A Survey of Different Drafts & Proposals [Updated]
[I have updated this survey to include new proposals and in light of this week’s Senate Foreign Relations Committee hearings on drafting an AUMF.] With the President now…
It Will Take More Than Body Cameras to Restore Trust in Law Enforcement
Editors’ Note: The following post is the latest installment of our “Monday Reflections,” in which a different Just Security editor examines the big stories from the previous…
Highlights (and Concerns) for Senator Menendez’s Draft AUMF
Senator Bob Menendez, Chairman of the Senate Foreign Relations Committee, has circulated a draft authorization for the use of force (AUMF) against ISIL. Importantly, Sen. Menendez…
The Torture Convention & Appendix M of the Army Field Manual on Interrogations
We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
The 2015 National Defense Authorization Act: A Silver Lining for Guantanamo Detainees
Yesterday afternoon the House approved the Senate and House-agreed upon version of the National Defense Authorization Act for 2015, with two noteworthy consequences for Guantanamo…
How an ISIL-Specific AUMF Affects Interpretations of the 2001/2002 AUMFs
From the moment the United States began military operations against the Islamic State, questions have arisen about the domestic legal basis for the use of American force. The major…