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.
4,778 Articles
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…
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…
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…
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…
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…
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…
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…
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…
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…
A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan
In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
“Associated Forces” has a legal meaning . . . but it’s not “every group that calls itself al Qaeda”
Daphne reports that at a House Armed Services hearing today, Christopher Swift of the UVa Center for National Security Law emphasized that “the United States has to stop…
Can Congress Protect Digital Privacy from NSA Spying?
[Editor’s Note: The House Judiciary Committee hearing can be viewed live on C-SPAN.org] Today, the House Judiciary Committee will conduct a hearing on recommendations to…