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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John Bellinger’s Testimony before the PCLOB (and implications for Senate approval of the Persons with Disabilities Convention) [Updated on April 2]

My friend and former legal adviser to the State Department John Bellinger recently testified before the Privacy and Civil Liberties Board (PCLOB) on the question whether international…
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Afghanistan Withdrawal & Wartime Contract Oversight

Ukraine notwithstanding, many recent conflicts have been asymmetrical and sub-state, with ramifications for various legal doctrines, including the law of armed conflict, humanitarian…
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GTMO Case to Watch in the Supreme Court [UPDATED]

The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638.  The Court will consider the case for the fourth…
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The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate

A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…
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DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals

The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
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UN Human Rights Committee’s Report on US Compliance with the ICCPR: National Security Highlights

The United Nations Human Rights Committee has issued its Concluding Observations (full text) assessing US compliance with the International Covenant on Civil and Political Rights…
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UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?

[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…
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Jury Reaches a Verdict in Abu Ghaith Trial

Breaking news this morning is that the jury has reached a verdict in the criminal trail of Sulaiman Abu Ghaith, convicting Osama bin Laden’s son-in-law and trusted advisor…
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An End to Dragnet Surveillance?

The New York Times report that President Obama will call for an end to the bulk collection of American’s telephone metadata is yet further vindication for Edward Snowden in particular,…
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President Obama Will Seek to Curb (End?) Section 215 Bulk Collection

In a story being reported this evening by Charlie Savage of The New York Times, it appears that President Obama is preparing to announce a legislative proposal that will seek…
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US Policy on Uganda’s LGBT Rights Violations and the Hunt for Joseph Kony

Last night the Washington Post (Karen DeYoung) reported that President Obama has deployed at least four CV-22 Osprey aircraft and about 150 Air Force Special Forces to Uganda in…
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The So-Called Huawei Scandal and the Snowden Operation

We should spy on China. And Russia. And Iran. And plenty of other countries too. They are our political, diplomatic and economic competitors and enemies. And they spy on us. If…
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