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You may have noticed that no new content has appeared on Lawfare for the past seven hours. On noticing this, you may have thought to yourself, "How strange of the Lawfare folks not to have any new conten...
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For reasons I plan to elaborate upon in this and subsequent posts, I'm not at all convinced that the conference version of the NDAA is substantially better than the House or Senate version (or that eithe...
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New Rules of Court for the Military Commission system have been released. The 50-page document is posted here.
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I've created concise PDF versions of the NDAA bill and the accompanying explanatory statement, cutting out all the non-detainee materials from both documents.
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Section 1022 of the Conference version of the NDAA carries forward section 1032 of the Senate version, which has been widely described as a mandatory military detention provision for a subset of detainab...
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[UPDATE (12/13/11, 9:45): A careful reader points out that in the earlier Senate bill, there were no commas after the words "United States citizens" and "lawful resident aliens of the United States". So...
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I am still digesting the new NDAA language, and I'm not yet ready to say how come out on it. It is, without question, significantly better than either the House or Senate bills. Yet some of its provision...
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The conference report for the NDAA is now available. Subtitle D, entitled "Counterterrorism," begins on page 653 and runs through page 685. The conferees' explanation of their choices begins on page 158 ...
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We're in a lull with NDAA news because the conference committee is still thrashing out its language.
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Canadian forces may be largely on their way out of Afghanistan, but for a Kabul-based contingent focused on training Afghans, but the prospect that they might nonetheless in the position of capturing a p...
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Some things are just too ridiculous to be anything other than true.
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A host of recent events--Iran's shoot-down of a U.S. drone, the downward spiral in US-Pakistani relations, and rumors of peace talks between the Pakistani government and Pakistani extremist groups--combi...
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Whatever else one might say about the D.C. Circuit's jurisprudence in the Guantanamo litigation, it's certainly been a jobs program...
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The New York Times's Scott Shane this morning has a very beautifully reported feature story about domestic prisons, law enforcement, and terrorism cases. It is a rich read, including some fascinating cor...
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President Obama's chief counterterrorism adviser, John Brennan, has given an extended interview to NPR on the administration's view of the NDAA's detainee affairs provision and its threat to veto the leg...
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I bet you thought this would be a post about Ali Musa Daqduq. But, no, this is about Faruq Khalil Muhammad 'Isa, who has been indicted in Brooklyn on charges of conspiring to kill U.S.
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More amusing nonsense from Jon Stewart before the weekend:
The Daily Show With Jon Stewart
Mon - Thurs 11p / 10c
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In a prior post surveying the impact of the Senate version of the NDAA bill (currently in conference negotiations), I emphasized that the Feinstein Amendment made clear that the NDAA did not alter, one w...
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Happy Friday, all.
Ellen Nakashima has this lengthy (and fascinating) report on the 2008 Buckshot Yankee breach. Her report answers some, but not all of the questions surrounding this massive cyber secu...
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Ellen Nakashima of the Washington Post, whose reporting on cybersecurity issues (including counterespionage and offensive computer network operations) is indispensible, had an extraordinary piece yesterd...
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