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.
4,711 Articles
Seymour Hersh’s Second Bite at the Apple: The Syrian chemical weapons conspiracy 2.0
In December 2013, Seymour Hersh published a potential bombshell story entitled, “Whose sarin?” The story purported to show that the White House knew it had insufficient evidence…
Why the CIA? Why no U.S. acknowledgement?
Just to follow up on Ryan’s post: Mark Mazzetti’s story for the Times, assuming it is accurate, confirms what I tried to explain in a post a few weeks ago —…
Yemen Banned Pentagon’s Drone Operations after US Struck Wedding Procession
In Sunday’s New York Times, a must-read story by Mark Mazzetti chronicles a wide range of issues involving the CIA and counterterrorism programs. A news development that might…
Detention After the AUMF
Hot off the presses comes the Fordham Law Review‘s print issue with the papers from last September’s symposium on “Citizenship, Immigration, and National Security…
The SSCI Report and the Right to the Truth about the CIA’s Secret Detention and Extraordinary Rendition Program
Today’s vote to declassify and ultimately release portions of the exhaustive Senate Select Committee on Intelligence (SSCI) report on the CIA’s rendition, detention, and interrogation…
SSCI Votes to Declassify Portions of CIA Interrogation Report [Updated with Statement from Sen. Feinstein]
Breaking news this afternoon: the Senate Select Committee on Intelligence has voted to declassify portions of its report on the CIA’s post-9/11 interrogation and detention…
The Difficulty of Relative Judgments about the Utility of Enhanced Interrogation Techniques: The SSCI Report in Context
Transparency is critically important to the legitimacy and effectiveness of democratic governments. Transparency facilitates both the responsiveness of government to the needs…
Civilian War Victims Receive Recognition in US Law
When the US military was deployed to Afghanistan and Iraq, it had no plan for addressing civilian casualties despite following rules prohibiting disproportionate or deliberate…
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
John Bellinger’s Testimony before the PCLOB (and implications for Senate approval of the Persons with Disabilities Convention) [Updated on April 2]
My friend and former legal adviser to the State Department John Bellinger recently testified before the Privacy and Civil Liberties Board (PCLOB) on the question whether international…
Afghanistan Withdrawal & Wartime Contract Oversight
Ukraine notwithstanding, many recent conflicts have been asymmetrical and sub-state, with ramifications for various legal doctrines, including the law of armed conflict, humanitarian…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…