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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Preview:  Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”

On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…
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Magistrate’s Compliance: Searching Electronic Data Overseas

Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
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Where is al-Bahlul??

I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say

I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
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Developments on Autonomous Weapons Systems Governance

For Just Security readers following the emerging debate on the legal governance of autonomous weapons systems (AWS), this month is very eventful with two noteworthy developments…
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More on Military Courts and Article III

A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…
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The D.C. District Court’s Power to Hear the New Nashiri Suit

As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
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SSCI Report Names Djibouti as Host to CIA “Black Site,” as Case Pends before the African Commission

Djibouti is named as a host of a CIA “black site” in the Senate Select Committee on Intelligence (SSCI) report examining the extraordinary rendition and secret detention…
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Benghazi Oversight Updates: Of “Smoking Guns,” Judges & Committee Rifts

There have been a few developments over the last week in the ongoing congressional oversight activity related to the terrorist attack on U.S. personnel and facilities in Benghazi,…
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Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program

As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
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Confusion on the scope of IC Directive 119–Is it principally about classified or nonclassified information?

In the past couple of days, Steve and I have offered views on the constitutionality of the new Intelligence Community Directive 119 — which, broadly speaking, prohibits employees…
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State Department Releases Country Reports on Terrorism

Just Security readers will be interested to know that today, the State Department’s Bureau of Counterterrorism released its Country Reports on Terrorism for 2013.  This…
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