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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4,601 Articles

NATO Must Fast Track Bosnia’s Membership

A member of the country's tripartite Presidency makes the security case for admission, saying Finland's entry shows the risks and benefits.
A nurse checks on a patient in the acute care COVID-19 unit

Lessons from COVID-19: Intelligence Failures and How to Prepare for the Next Global Crisis

The pandemic was a global intelligence failure, and the world still has not learned the lessons to prepare for the next crisis.
A security guard walks through a mass grave site in a large agricultural area known as Mashrou al-Rabet in Meji on September 27, 2021 in Tarhuna, Libya. Tarhuna city was a previous stronghold for the Al-Kani militia affiliated with warlord Khalifa Haftar. From June 2021, following the defeat of Haftar's forces in the western areas of Libya, the Libyan government found 193 dead bodies and had identified 96 of them, in mass graves in Tarhuna and south of Tripoli. (Photo by Nada Harib/Getty Images)

The Global Fragility Act Takes Another Step Toward Conflict Prevention, But Bigger Strides Remain

Conflict prevention routinely takes a back seat to immediate crises, and will require resources and attention to legal and bureaucratic gaps.
U.S. Rep. Michael McCaul (R-TX) (3rd L) speaks as House Minority Leader Rep. Kevin McCarthy (R-CA) (4th L) and other House Republican veterans listen during a news conference in the Rayburn Room of the U.S. Capitol August 31, 2021 in Washington, DC. House Minority Leader McCarthy held a news conference on a Republican effort to pass legislation they said was intended to hold the Biden administration accountable for what Republicans called a disastrous withdrawal from Afghanistan. (Photo by Alex Wong/Getty Images)

Congress Can Investigate the Afghanistan Withdrawal Without Compromising a Vital Dissent Channel

Forcing release of such material would chill candor, intimidate potential dissenters from speaking up, and inject an element of gamesmanship.
Donald Trump walks behind police officers

In Trump Case, Procedures Exist to Safeguard the Former President’s Right to an Impartial Jury

"[E]nsuring that Trump receives a fair trial while maintaining his Sixth Amendment rights is a necessary step on the path toward accountability."
Woman walking on New York City sidewalk

Transnational Repression Increasingly Reaches Into the United States

In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…
Chew, wearing a dark suit and blue tie, prepares to testify before Congress.

How Lawmakers Hope to Sidestep Existing National Security Reviews to Target Foreign Investment

Though regulatory efforts have worked to monitor the app’s potential national security threats so far, politicians growing impatient.
Manhattan Criminal Courthouse with increased presence of NYPD officers and media crew on March 31, 2023, the day after former President Donald Trump was indicted. Photo credit: Melissa Bender

The Broad Scope of “Intent to Defraud” in the New York Crime of Falsifying Business Records

"While there are other legal hurdles for the Manhattan DA to cross in the indictment of the former president, this element of the relevant offenses poses no obstacle..."
An image of the episode title with sound waves underneath.

The Just Security Podcast: The Mayor of Les Irois

Determined victims and creative lawyers used a U.S, law, the Torture Victims Protection Act, to hold a powerful mayor accountable.
Facade of Thurgood Marshall United States Courthouse in Manhattan

Survey of Past Criminal Prosecutions for Covert Payments to Benefit a Political Campaign

Surreptitious third-party payments are routinely prosecuted as campaign finance violations in New York and nationally under various statutes.
(L-R) FBI Director Christopher Wray, Director of the National Security Agency Gen. Paul Nakasone, Director of National Intelligence Avril Haines, and CIA Director William Burns testify during a Senate Intelligence Committee hearing concerning worldwide threats, on Capitol Hill March 8, 2023 in Washington, DC. The leaders of the intelligence agencies testified on a wide range of issues, including China, Covid-19 origins, and TikTok. (Photo by Drew Angerer/Getty Images)

To Strengthen US National Security, Diverse Teams Should Be a Given

The field shows important signs of critical gains but also more work to do to elevate women, particularly women of color.
U.S. Special Operations Commander Gen. Bryan Fenton, Assistant Defense Secretary for Special Operations Christopher Maier and Gen. Paul Nakasone, commander of U.S. Cyber Command and director of the National Security Agency, sit in at tables to testify before the Senate Armed Services Committee.

Congress Should Limit, Not Expand, Irregular Warfare Authority

Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.
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