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.

Highlights:

Gavel and scales with a US flag in the background as symbols of a jurisdiction.

Litigation Tracker: Legal Challenges to Trump Administration Actions

A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Binders of executive orders stacked on a desk.

Collection: Just Security’s Coverage of Trump Administration Executive Actions

Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Ukraine's President Volodymyr Zelensky (R) meets with U.S. President Donald Trump (L) during Pope Francis's funeral at St. Peter's Basilica at the Vatican, on April 26, 2025 in Vatican City, Vatican. (Photo by Office of the President of Ukraine via Getty Images)

How to Land the Emerging Deal on Peace for Ukraine

Negotiations to achieve some kind of end to Russia’s war on Ukraine have reached an intensive phase. Moments of truth lie immediately ahead.
The three diplomats stand behind a desk where they have been signing the agreement. Behind them are a portrait on a blue wall and an array of two each of their three flags.

Secretary of State Rubio’s Reorganization Plan Could Offer a Chance to Rescue U.S. Foreign Assistance — If He’s Smart About It

After months demolishing foreign aid, the Trump administration could still regroup for something worthy of America’s values and interests.
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
The office of the law firm Perkins Coie is seen on April 10, 2025 in Washington, DC.

No, the President Cannot Enforce the Law-Firm Deals

"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"
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This combination of pictures created on April 09, 2025 shows US Middle East envoy Steve Witkoff (L) and Iran's Foreign Minister Abbas Araghchi (L)

Creating the Conditions for a Nuclear Deal with Iran

The Trump administration should focus on messaging pragmatic objectives for a deal and de-emphasizing U.S. efforts to exert “maximum pressure” on Iran while talks are ongoing.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)

The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.
A line of people, some under umbrellas, with a woman at the center holding a poster with photos on it and the message, in Spanish, saying, "He has worked for a solid company since he was 18. An investigation is urgently needed for his prompt release. No more unjust detentions."

El Salvador’s Authoritarian Slide Should Hold Lessons – Not Examples – for the U.S.

In fighting rampant gang violence, President Bukele has turned El Salvador into even more of a lawless, opaque State.
Image of the Capital overlayed with digital color blocks

Beyond Data Rescue: Building Structural Safeguards for Federal Data Preservation

Disappearance of vital resources from government websites exposes a fragile ecosystem in which accountability mechanisms have broken down.
General view of the G20 finance ministers meeting as Brazilian Finance Minister Fernando Haddad speaks in Sao Paulo, Brazil, on February 28, 2024.

Is the New Global Order a Boon for International Taxation Collaboration?

The U.S. withdrawal from international forums may open possibilities for other cooperation. The tax reform agenda is a case in point. 
(L-R) Deputy Minister of Justice of Ukraine Iryna Mudra, the European Commissioner for Democracy, Justice and Rule of Law Michael McGrath, the High Representative of the European Union for Foreign Affairs and Security Policy Kaja Kallas and the Secretary General of the Council of Europe Alain Berset standing at white podiums in front of a blue backdrop.

International Law at the Precipice: Holding Leaders Accountable for the Crime of Aggression in Russia’s War Against Ukraine

The Special Tribunal for the Crime of Aggression against Ukraine cannot be treated as a bargaining chip in negotiations to end hostilities.

How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order

It may all come down to "acting in concert or participation with."
A man comes out of the Voice of America (VOA) building on March 17, 2025

Justice Department Fails to Address Central Point in VOA Case

A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
In this handout photo provided by the Salvadoran government, members of the Salvadoran army stand guard at the gates of the Terrorism Confinement Center (CECOT) at CECOT on March 16, 2025 in Tecoluca, El Salvador.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial

Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
Proposed New Org Chart, Department of State

What Just Happened: The Trump Administration’s Reorganization of the State Department – and How We Got Here

The Trump administration’s proposed reorganization of the State Department is not just a reshuffle. It’s a realignment of diplomatic priorities that seems set to constrain…
Anti-riot police officers stand guard in a line (Rear) as protesting university students gather. A large Turkish flag sways.

In Turkey, Peace as Pretext: Erdoğan’s Kurdish Initiative and the Authoritarian Logic Behind Arresting His Main Opponent

The arrest of the Turkish president's main rival, Istanbul Mayor İmamoğlu, sharpens the contradictions of the peace effort with the Kurds.
Signage and flowers are placed on a tree reads "ICE kidnapped our neighbor"

The Fox TV Problem with Deporting International Students

The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.
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