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.
4,594 Articles
An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies
Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
PCLOB Releases Report, Recommends Government End §215 Program
Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
Does “Espionage Porn” Make Us Stronger?
Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…
Jack Goldsmith on the “Front-Page Rule”
Highly recommended. As I explained earlier, I think this is a very important question going forward.
Understanding What it Means to be “Approved for Transfer”: A Response to Lawrence Rosenthal
Lawrence Rosenthal argues below that the Executive lacks any AUMF authority to continue to detain GTMO detainees who have either been approved for transfer by the GTMO Review Task…
General Stanley McChrystal Discusses the Downsides of Drones
In an interview with BBC Radio 4, General Stanley McChrystal, the retired commander of forces in Afghanistan, stated his general view that the use of drones will and should increase.…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
UK Court Rules against Alleged Pakistani Drone Victim (Noor Khan)
The United Kingdom’s Court of Appeal has issued its judgment in Khan v. Secretary of State for Foreign and Commonwealth Affairs (full text). A Pakistani man brought a civil action…
POTUS’ view on who counts as Al Qaeda
David Remnick’s recent profile/interview of the President in the New Yorker reveals this telling view of how the Administration perceives the difference between core Al Qaeda…
Which Congressional NSA Reform Proposals Will the Obama Administration Now Support?
A lot of my reactions to yesterday’s surveillance reform speech by President Obama have already been captured by others, including David Cole in his thoughtful take over…
Gates v. Biden on Afghanistan: What the Media Coverage Doesn’t Tell You
Robert Gates’s Duty contains a more nuanced account of his discord with Joe Biden on Afghanistan policy than any coverage of the book that you have likely read, seen or heard.…
The Disconnect between Theory and Practice in Obama’s NSA Speech
I have a post on Foreign Policy arguing that there was a substantial disconnect between theory and practice in President Obama’s NSA speech yesterday. On the one hand, President…