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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A video featuring White House Counsel Pat Cipollone and deputy Pat Philbin is played during the fifth hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 23, 2022 in Washington, DC.

The Law Requires Pat Cipollone to Answer the Jan. 6 Committee’s Questions

Former White House Counsel W. Neil Eggleston writes about the legal and professional implications for Trump's White House Counsel if Cipollone refuses to appear and fully answer…
Three CSX Transportation coal trains sit in a rail yard June 3, 2014 in Pikeville, Kentucky.

Greenhouse Gaslighting: Deceptive Moderation and West Virginia v. EPA

"Big federal legislation like the Clean Air Act ... [is] the direct and fundamental product of American democracy. Unlike the major questions doctrine."
Hand with ribbon and flowers touching stone memorial

9/11 Families Pursuing Justice Call for Majid Khan’s Plea Agreement to Be Fulfilled

A powerful and compassionate call for the U.S. government to honor plea agreements, end military commissions, close Guantánamo, and give justice to 9/11 families and Guantánamo…
Immigrants from Ecuador warm themselves by a fire after sunrise along a gap in the U.S.-Mexico border barrier, as they await processing by the U.S. Border Patrol, after crossing from Mexico on May 22, 2022 in Yuma, Arizona.

The Absurdity and Destruction of the Push to Force Title 42 Continuation

"The forced continuation of Title 42 serves to prevent border officers from upholding immigration law, and leads to more disorder, human suffering, and the subversion of law."
France's President Nicolas Sarkozy (2ndL), US Secretary of State Hillary Clinton (R), and France's Foreign Minister Alain Juppe (L) take part in a working meeting prior to a G8 foreign ministers summit, on March 14, 2011 at the Elysee Palace in Paris. Group of Eight foreign ministers gathered in Paris to thrash out a common line on possible intervention to ground the warplanes pounding Libya's rebels, among other global issues. (Photo by ERIC FEFERBERG/AFP via Getty Images)

Heed the Lessons From 2011 Libya to Prevail in Ukraine Today

A book by former UN Special Representative Ian Martin offers lessons from a decade-old intervention that remain relevant today.
NATO Secretary General Jens Stoltenberg inspects an honor guard unit of Bosnia and Herzegovina's Armed Forces, during a welcoming ceremony as part of his trip to Bosnia and Herzegovina to discuss the country's membership in the alliance, in Sarajevo, on February 2, 2017. (Photo by ELVIS BARUKCIC/AFP via Getty Images)

The West is Shoring Up its Vulnerabilities in the Baltic – The NATO Summit Should End the Zombie Policy on the Balkans Too

The upcoming meeting in Madrid will be as consequential a meeting of Western allies as any since the Cold War.
An immigrant mother from Colombia embraces her daughter and husband after traveling for 20 days and crossing the U.S.-Mexico border barrier on May 20, 2022 in Yuma, Arizona.

Title 42 is a Failure Yet Still Dominates U.S. Border Policy

The Biden administration must do more to defend and implement its decision to finally end Title 42.
US President Joe Biden walks through the door of the Roosevelt Room of the White House in Washington, DC on June 21, 2022, as he arrives to speak on Covid-19 vaccines for children under 5. Flags stand on either side of the door.

One Year On: Marking Progress on Biden’s Counter-Domestic Terrorism Strategy

Assessing progress on understanding, preventing, and disrupting threats, and on addressing long-term contributors.
An image of former President Donald Trump speaking on the phone is displayed during the third hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 16, 2022 in Washington, DC.

Failing to Prosecute Trump Reflects – and Feeds – US Rule of Law Erosion

Prosecution of subordinates but not Trump, writes a former federal prosecutor, "threatens the idea of an impartial legal system."
An image of John Eastman and Rudy Giuliani is displayed on a screen during the third hearing held by the Select Committee to Investigate the January 6th Attack on the U.S. Capitol on June 16, 2022 in the Cannon House Office Building in Washington, DC. In the image, Eastman is talking at a podium with the sign “Save America” while Giuliani stands next to him smiling at him. American flags wave in the background. The image was taken on January 6th, 2021.

8 Top Former Prosecutors, Senior DOJ Officials on Key New Evidence in Effort to Pressure Pence

The Select Committee presented new evidence of Trump's knowledge that his plan to pressure Pence was illegal. An assessment of its significance for criminal liability.
Image: BAGHOUZ, SYRIA - MARCH 24, 2019: A Syrian Democratic Forces (SDF) fighter walks past destroyed vehicles in the final ISIL encampment on March 24, 2019 in Baghouz, Syria. The Kurdish-led and American-backed Syrian Defense Forces (SDF) declared on March 23 the "100 percent territorial defeat" of the so-called Islamic State, also known as ISIS or ISIL. The group once controlled vast areas across Syria and Iraq, a population of up to 12 million, and a "caliphate" that drew tens of thousands of foreign nationals to join its ranks. (Photo by Chris McGrath/Getty Images)

Al-Kurdi Capture Raises Thorny Detention Issues

The capture raises a host of issues on detention and prosecution of terrorists in areas where the US does not have a large ground presence.
A tweet from former President Donald Trump is shown on a screen at a hearing held by the Select Committee to Investigate the January 6th Attack on the U.S. Capitol on June 09, 2022 on Capitol Hill in Washington, DC.

Researchers Release Comprehensive Twitter Dataset of False Claims About The 2020 Election

A new report sheds light on how election misinformation spread across Twitter before and after the 2020 election. Insights for the Jan. 6 Committee and beyond from Justin Hendrix.…
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