executive branch
169 Articles

The Just Security Podcast: Murder on the High Seas Part IV
Co-hosted with RCLS, a panel of experts discuss the Trump administration's continued campaign of lethal strikes against suspected drug traffickers.

Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.

The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.
Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it.

How to End the Shadow Budget and Protect Congress’s Power of the Purse
Unless Congress reasserts control over federal spending, the balance the framers designed could collapse into a self-financing presidency.

From Secret Law (2001-2024) to None at All (2025-present)
The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.

Hypothetical Legal Review of Narcotrafficking Strikes
A mock “operational legal review” depicting what a staff judge advocate’s advice should have been prior to the first reported strike on an alleged drug trafficking vessel.

The International Law Obligation of States to Stop Intelligence Support for U.S. Boat Strikes
The only way States can avoid complicity in “arbitrary killings” under international human rights law is to refrain from sharing intelligence that, in part, enables them.

U.S. Saber Rattling and Venezuela: Lawful Show of Force or Unlawful Threat of Force?
Clearly, U.S. actions are threatening to Venezuela. But do they amount to an unlawful threat under international law, or are they merely a lawful show of force?

A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?

The Use of Tariffs to Raise Revenue is a Choice for Congress, not the President
Congress did not write IEEPA to allow a President to replace the income tax system with a patchwork of tariffs that they can impose, adjust, or suspend at will.

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.