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.
4,757 Articles
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.
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.
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…
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…
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.
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 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.
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.
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…
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…
The U.S. National Security Memorandum on AI: Leading Experts Weigh In
Leading experts unpack the Biden administration's National Security Memorandum on AI.
Confronting the War on International Law in the United States
Widespread ignorance and even fear of international law only cede the territory to those willing to wield it. For the interests of the United States, it is essential that Congress,…