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.
4,711 Articles
Does the Intelligence Community Fear Lawyers…or Legal Scrutiny?
[Editor’s Note: See Marshall Erwin’s response to General Dunlap here.] In a provocatively entitled essay, Are National Security Lawyers a National Security Threat?…
Privacy and Civil Liberties Oversight Board Releases Report on Section 702 Surveillance (Full Text)
On Tuesday evening, the Privacy and Civil Liberties Oversight Board (PCLOB)—an independent body within the Executive Branch—released a major report concerning the National…
A Rejoinder to Jeff Kahn on Latif and Fundamental Rights
In Jeff Kahn’s response today to my post last week about American citizens’ right not to be stranded abroad by their government, Jeff asks more about my views: “Is international…
A Reply to Margo Schlanger on Latif and Fundamental Rights
Margo Schlanger’s post on Thursday takes as its “vital point” the right of an American citizen to reenter the United States. Margo is responding to Tuesday’s news about…
Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel
Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…
Abu Khattalah and the Evolution of Ship-Based Detention
The N.Y. Times reports that Ahmed Abu Khattalah arrived in Washington, D.C., this morning by helicopter following his transport across the Atlantic on a Navy warship. Khattalah,…
The importance (and difficulty) of the Stimson Task Force transparency recommendations . . . and a couple of legal corrections
Like Steve, I strongly recommend to Just Security readers the report on drone policy that the Stimson Task Force published yesterday. The report is very thoughtful and balanced,…
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…