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.
4,606 Articles
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…
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…
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,…
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…
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…
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…
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…
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…
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…
Overreading Lisa Monaco on AUMF Reform
Over at Lawfare, Bobby Chesney, Jack Goldsmith, Matt Waxman, and Ben Wittes have posted a reaction to a Josh Gerstein story in Politico, which was itself reporting on remarks…
All The Pieces Matter: Bulk(y) Collection Under §702
In a recent guest post, Chairman David Medine of the Privacy and Civil Liberties Oversight board gamely responds to several questions about §702 surveillance posed by my co-blogger…
Rejoinder to David Cole
In his reply to my guest post of yesterday, David Cole criticizes me for offering an imperfect defense of counter-terrorism stings. Actually, his criticism does not go far…