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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Just Security

Extrajudicial Release: A New Rule-of-Law Problem?

Monday’s Wall Street Journal reported on the release, this past Sunday night, of a statement by U.S. Forces-Afghanistan, lamenting the decision of an Afghan-led review board…
Just Security

Don’t Close Your Eyes to Surveillance Dangers: A Response to Richard Epstein

Richard Epstein’s office at the Hoover Institution is less than a mile from mine at Stanford Law School, and I’ve had the pleasure to hear Richard speak to the faculty on a…
Just Security

U.S. Operations Against al-Shabaab/al-Qaeda: The Targeting of Godane

As Sarah Knuckey’s post explains, CNN is reporting that the latest US drone strike in Somalia targeted Ahmed Abdi Godane, the leader of Al-Shabaab. Sarah asks whether the strike…
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What rules is the US applying to its Somalia drone strikes?

CNN today provided the most detailed account yet of the latest U.S. drone strike, carried out this past weekend in Somalia. US officials (quoted  anonymously by CNN) said the…
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First “Public” PRB Hearing Raises More Questions Than it Answers

As expected, today’s Periodic Review Board hearing, the first so-called “public” one of these events, was completely uneventful.  In the case of Abdel Malik Ahmed Abdel…
Just Security

Security, Uncertainty, and the National Security Administration: The President Should Defend, Not Revise, Current NSA Procedures

The question of national security and its relationship to individual privacy has always provoked a challenge for persons with strong libertarian inclinations, who rightly embrace…
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Quasi-public Guantanamo Detainee Hearings Start Tomorrow

On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…
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Counterterrorism Under the Radar: A Notable No Fly List Case and its Broader Implications

Amidst all the discussion of the President’s speech on surveillance (and the PCLOB Report on the same subject), the release of Robert Gates’ memoir, and the discovery of horrific…
Just Security

Lost in the Bulk Collection Debate — Fifth Circuit Affirms Life Sentence of Khalid Ali-M Aldawsari

With most (if not all) the focus these days on bulk collection under Section 215 of the PATRIOT Act, Section 702 of FISA, or E.O. 12333, it is easy to forget that foreign intelligence…
Just Security

A $15 Million Dollar Torture Partnership

It has been common knowledge for a while that Poland hosted a secret CIA prison where Abd al Rahim al Nashiri and other prisoners now held in Guantánamo were detained and tortured. …
Just Security

Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone

Wow.  There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
Just Security

Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet

The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety.  One section warranting particular…
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