Executive Power
122 Articles

Just the Docs: Federal Judge Rejects DOJ Bid to Sequester 20,000 California Mail Ballots
Order: Federal judge denies DOJ request to make California set aside 20,000 mail ballots from alleged noncitizens.

Just the Docs: Unsealed Criminal Information Against James Comey Under Espionage Act
Unsealed criminal information charges ex-FBI Director James Comey under the Espionage Act over alleged 2016 leak.

Reinvention Blueprint No. 5: Reinvigorating Federal Enforcement to Fight for the Public
The next administration should lean into enforcement as a strategy to advance fairness, justice, and the rule of law.

Servant of the Law: The President as Chief Prosecutor
An examination of the constitutional, legal, and ethical constraints on the president when he exercises his power as chief prosecutor.

Is the Case Challenging Trump’s Denial of Visas to Harvard Students Moot? (Yes and no.)
Expert analysis of what the expired Harvard visa ban means for the university’s lawsuit against the Trump administration.
The Just Security Podcast: What’s Behind the Justice Department’s FARA Announcement?
Host David Aaron joins Adam Hickey to discuss an unusual announcement from the Department of Justice on the Foreign Agents Registration Act and Section 951.

Governors and State Administration
Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.

What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector
Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.

State Imperatives to Protect Civil Rights for All
States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.

Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.

States Can Fight Federal Overreach by Protecting State Data
States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.