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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4,597 Articles
The Alto Lee Adams Sr. United States Courthouse is shown. It is while building with palm trees in front and a blue sky in the background.

Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?

Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.
NATO leaders are seated at desks in a large circle with additional desk seating behind them for other attendees, all under a large lighted disk above them and the number 75 in large figures behind them to mark the alliance's 75th anniversary.

After the NATO Summit, Allies Need to Step Up Their Game on Ukraine, Russia, and China

The Alliance made significant progress in some areas, but has lots of work to do going forward to meet the challenges on its doorstep.
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The Just Security Podcast NATO’s Washington Summit: Russia’s War on Ukraine Tests Alliance

Joining the show to discuss this year’s NATO summit and unpack its implications is Ambassador Daniel Fried. 
The city of Aleppo with smoke rising in the background.

War and What We Make of the Law

Compliance with international humanitarian law must be about fulfilling its humanitarian purpose, not skirting its limits.

At the NATO Summit, Strategy and Politics in Play

The agenda has more than the usual weight attached to it while war rages in Europe and amid the US political dynamic.
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The Just Security Podcast: Presidential Immunity After Trump v. United States

Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.  
The U.S. presidential seal appears against the black background of a podium.

Trump’s Prosecutions Depend on Whether the Dissent Got It Right

Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.” 
Smoke billows from a city neighborhood of tan, brown buildings.

Assessing Jus Ad Bellum Proportionality: A Factored Approach

Nine factors, considered in their totality, would provide a more nuanced understanding of jus ad bellum proportionality and assist States in identifying specific concerns with…
The Supreme Court building is shown with a blue sky behind it.

Foreign Affairs Deference After Chevron

For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
The U.S. Supreme Court building lit by sunlight against a blue sky.

The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact

What does the Supreme Court decision in Fischer v. United States mean for former President Donald Trump’s D.C. criminal case and the hundreds of other January 6th defendants?…
A thin tower covered with various electronic sensors sits in the foreground on a hill with the U.S.-Mexico border wall stretching from left to right in the background.

AI at the Border: Racialized Impacts and Implications

The use of AI in immigration enforcement poses a growing risk to marginalized communities.

Should Trump Get Jail Time? A Survey of Sentences for Falsifying Business Records in the First Degree

As Judge Merchan considers sentencing, a look at other cases of falsifying business records that did or didn't end in incarceration.
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