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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al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay

Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
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Civilian Casualty Rates in CIA vs. DOD Drone Programs: Apples and Oranges

Much attention has been given to whether CIA-directed or DOD-directed drone strikes result in fewer civilian casualties. Last week I wrote about the mixed evidence when it comes…
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Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria

As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
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FAA Section 702 developments

Back in February, I posted about the first brief on the merits challenging the constitutionality of Section 702 of the FISA Amendments Act of 2008, in the criminal case against…
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Flashback: Comparing Obama’s announcement of Iraq withdrawal to West Point Graduating Class of 2010 (video clip)

Today is not the first time President Obama has addressed the graduating class of the U.S. Military Academy at West Point, and used the opportunity to speak about his vision for…
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President Obama on Withdrawal of U.S. Troops from Afghanistan

Today, in remarks delivered from the Rose Garden on the eve of his highly anticipated West Point commencement speech, President Obama outlined his plan to end the war in Afghanistan,…
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Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict

There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
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Major development concerning transparency of the use of force in Yemen

“I think the rule should be that if we’re going to take actions overseas that result in the deaths of people, the United States should take responsibility for that.”…
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Declassification of the CIA interrogation program: Developments on three fronts

Last month I published a post setting forth the state of play regarding the declassification and disclosure of the executive summary, and findings and conclusions, of the Senate…
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Taking on “Killer Robots”

New weapons that could revolutionize killing are on the horizon. Lethal autonomous weapons systems, also called fully autonomous weapons or “killer robots,” would go beyond…
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Ending the Forever War: One Year After President Obama’s NDU Speech

Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
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NDAA Followup: Outcome on Amendments a Mixed Bag

Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
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