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.
4,596 Articles
Analysis of the Stimson Drone Task Force Report
The Stimson Center Drone Task Force report published yesterday is a forceful critique of key aspects of current U.S. drone strike policy and practice. Importantly, and unlike…
The Supreme Court Goes to War:
Hamdi, Padilla, and Rasul at 10
Ten years ago tomorrow, the U.S. Supreme Court handed down its first three decisions in post-September 11 terrorism cases: Hamdi v. Rumsfeld, Rumsfeld v. Padilla, and Rasul v.…
Two Major ISIS Developments
On the heels of last week’s White House announcement that the President was sending 275 U.S. troops to Iraq to provide security to U.S. personnel and the U.S. Embassy, today…
New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Thanks to Just Security for letting me blog today about a new resource. Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden…
Report and Recommendations from the Stimson Task Force on U.S. Drone Policy
Later this morning, the Stimson Center’s Task Force on U.S. Drone Policy is scheduled to formally release a report and series of recommendations to the Obama Administration…
The Bigger No Fly List Problem
Yesterday, Judge Anna Brown issued her much-anticipated opinion in Latif v. Holder, in the U.S. District Court for the District of Oregon. As Jennifer Daskal explained in her excellent…
The Latest No Fly List Ruling: A Very Big Deal!
As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
Is al-Qaeda in Iraq?
As an analyst in the CIA’s Counterterrorism Center, I spent four years as one of the agency’s leading experts on al-Qaeda’s affiliate in Iraq. Thus, the debate on Just Security…
You Can’t Have an “Associated Force” with No Core
There has been lots of commentary already on the newly-released (but heavily-redacted) OLC opinion, so I’ll focus mine on a key point I haven’t yet seen made. The OLC memo…
Oregon District Court Holds No-Fly List Procedures Violate Due Process
Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
The OLC’s Drone Memo and International Law’s Ascendance
The long-awaited release of the redacted July 16, 2010 OLC memo is anticlimactic in important respects. Much is still unknown to the point that it is difficult, if not impossible,…
On the Benefits of Transparency: Why So Long to Disclose Drone Memo?
Monday’s release of the previously secret July 2010 Justice Department memo laying out the legal case for killing US citizen, Anwar al-Awlaki, has sparked a wide range of reactions,…