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DOD/GC Jeh Johnson to address the question, “Is More Detainee Legislation Needed?”
Next Tuesday, October 18, at The Heritage Foundation:
[T]he House and Senate have proposed additional detainee-related legislation in the National Defense Authorization Act (NDAA) of 2012. Both have provisions affirming the September 18, 2001 Authorization for Use of Military Force (AUMF).
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Next Tuesday, October 18, at The Heritage Foundation:
[T]he House and Senate have proposed additional detainee-related legislation in the National Defense Authorization Act (NDAA) of 2012. Both have provisions affirming the September 18, 2001 Authorization for Use of Military Force (AUMF). Other provisions include the requirement of mandatory military custody for captured terrorists, restrictions on transfers from Guantanamo Bay, post-habeas periodic military review procedures and other such restrictions. Is this legislation necessary, and if so, why? Does it unnecessarily restrict the Commander-in-Chief in the disposition of wartime captives? Do these provisions advance the strategic interests of the United States, and if so, how? Which provisions make policy sense, and which do not?
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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