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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Back to post-9/11 panic? Security Council resolution on foreign terrorist fighters

The United Nations Security Council is about to adopt a resolution on foreign terrorist fighters, scheduled for the afternoon of Wednesday, September 24 when President Barack Obama…
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Abu Ghaith Sentence Confirms We Don’t Need Guantanamo

On Tuesday morning, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was sentenced to life in a U.S. federal prison. The former al Qaeda spokesman was arrested in Jordan by…
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United States Stops Spying on Western Europe—for Now

The CIA has paused its espionage activities against “friendly governments in Western Europe,” according to a report by the Associated Press and ABC News that broke on Sept.…
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President Obama to Preside over Flawed UN Security Council Resolution on Foreign Fighters

On Wednesday, President Obama will take the unusual step of chairing a session of the U.N. Security Council, which will consider a U.S.-sponsored draft resolution on foreign fighters.…
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The DoD detainee directive and its definition of “unprivileged belligerency”

I appreciate both Professor Lederman’s (1 and 2) and Mr. Rona’s (1 and 2) thoughtful comments regarding the re-issued DoD Directive on detention (DoDD 2310.01E), and particularly…
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Human rights groups petition UN on drone strikes

At the UN Human Rights Council this week, a coalition of human rights groups is calling on all governments to take steps to monitor and promote transparency and legal compliance…
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Unfinished Business: The Trickle-Down Effects of the War on ISIS on Civil Liberties, Human Rights, and the Rule of Law

[Editors’ Note: The following post is the third installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
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Ongoing “Covert” Training of Syrian Rebels: But is it still covert . . . and, if so, why?

[Cross-posted at Lawfare] Last week Congress approved, and the President signed, legislation that authorizes the Secretary of Defense (see section 149) to “provide assistance,…
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Congress Appropriates Funds for President to Train Syrian Opposition

This week, Congress passed a continuing resolution for the fiscal year 2015, H.J. Res. 214, with a roll call of 78-22 in the Senate and 319-108 in the House. [Text, PDF.] Section…
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Guest Post: A Reply to Ryan Vogel and Marty Lederman on DoD Directive 2310.01E [Updated]

Time and again since 9/11 we’ve seen laws, regulations and government officials say one thing, but when awkward facts come to light, we find out that they meant something…
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SFRC Access to Intelligence Information During Force Authorization Debate

On Wednesday, the Senate Foreign Relations Committee held a hearing on the Administration’s proposed strategy to defeat the Islamic State featuring Secretary of State John Kerry. …
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The unresolved problems with the DoD Directive definition of “unprivileged belligerency”: A response to Ryan Vogel [Updated]

Thanks so much to former DoD official Ryan Vogel for his important guest post explaining the origins and objectives of the new Department of Defense Directive 2310.01E, regarding…
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