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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4,711 Articles
In the foreground, a hand gives money from a wallet to another open hand. In the background, a blurred image of a man crouching.

Sanctioning Human Trafficking Under the Global Magnitsky Program

This latest set of sanctions is a promising development, particularly as the State Department signaled its intent to prioritize using the Global Magnitsky program to address forced…
masked employees sit beside a TV screen projecting an image of a man in a suit.

How to Fix the Defense Production Act Committee

Revamping the Defense Production Act Committee to achieve its founding potential would be a step toward a stronger American industrial strategy – and to ensuring American resilience…
A U.S. soldier stands with his head down in front of a hallway of prison cells.

Abu Ghraib Dejà Vu

As torture victims from the Abu Ghraib prison return to U.S. federal court, Brig. Gen. (Ret.) Xenakis discusses need for accountability.
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

A Review of Donald Trump’s Appellate Brief, and Amicus Briefs, Concerning the Appointment of Jack Smith as Special Counsel

Preliminary reactions to the three arguments Donald Trump made to the Eleventh Circuit regarding Jack Smith's appointment as Special Counsel.
U.S. Secretary of State John Kerry speaks at the United Nations Signing Ceremony for the Paris Agreement.

Withdrawal from International Agreements: Toward a “Tailored Out”

The practical and political stakes of this admittedly esoteric question of constitutional law are high, implicating as it does the effectiveness of the United States’ engagement…
The corner of the Harry S. Truman Federal Building's white facade with a shadow in the lower left corner.

Presidential Power to Exit Treaties: Reflecting on the Mirror Principle

On balance, a mirroring concept serves better as part of an aspiration for greater inter-branch cooperation in making and unmaking international agreements, rather than as a legally-enforceable…
A man walks into the glass-paneled entrance of Interpol headquarters, with the organization's name and seal above the door.

As Interpol Gets New Secretary General, What are the Risks of Abuses Over Reforms?

Interpol's General Assembly will formally elect a new operational head from Brazil amid growing political and legal challenges.
US Secretary of Defense Lloyd Austin III speaks into a microphone in front of the Pentagon logo.

Is The Pentagon’s Plan to Protect Civilians Living up to its Promises?

Taking stock of the Pentagon's progress in implementing the Civilian Harm Mitigation and Response Action Plan.
The episode title appears with sound waves behind it.

The Just Security Podcast: ‘The Presidents and the People’ Book Talk

Corey Brettschneider discusses his new book "The Presidents and the People" and the lessons it offers for American democracy.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?

Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
The U.S. Capitol in Washington, D.C.

Frictionless Government and the National Security Constitution

Layering different kinds of friction is crucial. Checks that may restrain a unilateralist Executive, such as empowering Congress structurally to push back effectively, can still…
An overhead view of the Pentagon building in Washington, DC.

Much Ado About Nothing: Recent Changes to Department of Defense Directive 5240.01

Recent changes to this Defense Department directive do not reflect any change in policy and provide no new authority to deploy the military domestically or to use lethal force…
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