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.
4,595 Articles
The Premature Discussion of ISIS and the 2001/2002 AUMFs
Our friends over at Lawfare have been pondering what the legal authority might be for the President to order air strikes against ISIS in Iraq and/or Syria. Such speculation is…
A Second Chance for the Obama Administration on “Battlefield” Contractor Liability
One of the stranger briefs filed by the Office of the Solicitor General during the Obama Administration was the brief filed in response to the Supreme Court’s request (“CVSG”)…
The President Delivers a Statement on the Situation in Iraq
Video of President Obama’s statement on the situation in Iraq. Complete transcript of remarks below. THE PRESIDENT: Good morning, everybody. I wanted to take some time…
Autonomous Weapons Debate: Three issues for further consideration
As recently reported by Sarah Knuckey and Bonnie Docherty, the “Certain Conventional Weapons (CCW) Informal Meeting of Experts on Lethal Autonomous Weapons Systems” was held…
US Resumes Drone Strikes in Pakistan: A New Course of Action?
In the past 24-48 hours, the United States has reportedly conducted two successive drone strikes in Pakistan’s northwest tribal area—ending an almost six-month suspension of…
The Foreign Intelligence Surveillance Court: Is Reform Needed?
With the advent of the Edward Snowden leaks commencing in June 2013, much has been written about Snowden and the United States intelligence community. This short blog post examines…
Clapper to Hagel: Taliban 5 return to battle “will not appreciably change the threat” to US or Afghanistan
Secretary of Defense Chuck Hagel testified before the House Armed Services Committee on Wednesday about the prisoner exchange involving Sgt. Bowe Bergdahl and five Guantanamo detainees…
Secretary Hagel’s defense of the Bergdahl deal [UPDATED]
[slightly updated for clarification and to account for testimony during the hearing] The Secretary of Defense is testifying at a HASC hearing beginning now. Here are his prepared…
House Armed Services Committee Hearing: The May 31, 2014 Transfer of Five Senior Taliban Detainees
Happening now Secretary of Defense Chuck Hagel testifies before the House Armed Services Committee the May 31, 2014 transfer of five senior Taliban detainees. Secretary Hagel’s…
Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House
Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…
Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…
Sgt. Bergdahl and the High Priority to Recover Missing Soldiers
So far as I can tell, the issue of whether Sergeant Bowe Bergdahl was a deserter is an issue that has very little relevance to any question of the legality or wisdom of the US…