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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Military Targeting Based on Cellphone Location

A recent news story by Glenn Greenwald and Jeremy Scahill details the use of NSA signals intelligence (SIGINT) – including cellphone and SIM card data – to locate and kill…
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Eyes Wide Shut: Scahill and Greenwald’s Flawed Critique of U.S. SIGINT Based Targeting

[Editor’s Note: Stay tuned later today for a post by Ryan Goodman and Derek Jinks responding to the guest post by Chris Jenks and Geoffrey Corn.] In The NSA’s Secret Role in…
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The al Iraqi Case and the Future of Military Commissions

This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…
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Do “Extrajudicial Releases” of Afghan Detainees Violate International Law?: The Missing Legal Arguments

Today’s release of detainees by Afghan authorities, from the Parwan detention facility near Bagram airfield, has met with strong responses by the US embassy in Kabul (here) and…
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Members of the PCLOB Testifying Before the Senate Judiciary Committee

This morning at 10:00am, the Senate Judiciary Committee is holding a hearing on “The Report of the Privacy and Civil Liberties Oversight Board on Reforms to the Section…
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In the Trenches: The Other Civilian/Military Conflict

Former Defense Secretary Robert Gates new book, Duty, Memoirs of a Secretary at War, which describes the tensions and lack of trust between the White House and senior military…
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Eight Questions PCLOB Should Ask About Section 702

Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that…
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Office of the DNI Releases List of Permissible Uses of Data Collected in Bulk

If you’ll recall last month, in conjunction with his January 17th speech on U.S. signals intelligence reform, President Obama issued Presidential Policy Directive/PPD-28…
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Where’s the “Metadata”?: What Greenwald and Scahill (Don’t) Say about NSA Metadata Collection and Lethal Targeting

There are many, many important revelations about NSA’s involvement in the US drone program in Glenn Greenwald and Jeremy Scahill’s historic debut story for First Look…
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Lethal Targeting of US Citizens: AP Report Raises More Questions Than Answers

In a highly provocative piece this morning, Kimberly Dozier writes that the Obama administration is weighing another drone strike against a U.S. citizen.  That is obviously a…
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Two Developments re Section 215: (i) Changes to the Section 215 Program and (ii) Program’s Scope is Currently More Limited than Originally Thought

In his speech last month on the U.S. signals intelligence programs, President Obama “directed the Attorney General to work with the Foreign Intelligence Surveillance Court…
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US to Reduce Drone Program in Pakistan – But Does Pakistan “Agree”?

A must-read story in the Wall Street Journal this morning details a “general agreement” between the US and Pakistan to “narrow” the drone program to a short list of high-level…
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