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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Just Security

The Problem With Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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Harold Koh’s New “Memo to the President” on the Torture Convention

President Obama must soon decide whether to instruct a US delegation, which will appear before a UN body in Geneva next week, whether to equivocate, reject, or accept that the…
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A Cult of Rules: The Origins of Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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National Security Politics in the 114th Congress

Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
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Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes

The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
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Want to Hurt ISIL’s Finances? Go After the People Doing Business With It

In recent months, Western and certain Middle Eastern governments have devoted themselves to attacking the finances of the Islamic State of Iraq and the Levant (ISIL) as part of…
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Gideon’s Army at Guantanamo

Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…
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A Big Week in Afghanistan War Oversight

It has been a busy week for John Sopko, the US-appointed Special Inspector General for Afghanistan Reconstruction (SIGAR). He and his team just published a number of reports indicating…
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The Private Frontline in Cybersecurity Offense and Defense

Two reports released Tuesday highlight the important role private actors are playing in cybersecurity defense. Cybersecurity company FireEye released a report on espionage activities…
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The Blackwater Trial: Part 2 – Two Legal Issues 

In the first part of this summary, we introduced the individuals in Blackwater’s Raven 23 team and set out their contrasting arguments about what took place at Nisour Square…
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Samantar v. Yousuf: What Happens Next?

As Beth Van Schaack reported last week, the Supreme Court has called for the views of the Solicitor General in Samantar v. Yousuf, a case raising questions about the immunity of…
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German Spy Agency Contradicts U.S. Claim that Russia Gave Weapon System that Downed MH17

Germany’s foreign intelligence agency has concluded that pro-Russian separatists shot down Malaysia Airline flight 17 using a BUK air defense missile system that the rebels stole…
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