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Guess Who Launched a Cyberattack on Lawfare?
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... -
The Problematic NDAA: On Clear Statements and Non-Battlefield Detention
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... -
New Military Commission Rules of Court
New Rules of Court for the Military Commission system have been released. The 50-page document is posted here. -
Concise PDF versions of the Conference Version of the NDAA and the Explanatory Statement from the Conferees
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. -
The Conference Version of the NDAA: Mandatory Military Detention Is Not Very Mandatory
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... -
The Conference Version of the NDAA: Lingering Ambiguity as to Citizens
[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... -
Is the Conference Report Veto Worthy?
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... -
NDAA Conference Report--A Quick and Dirty Analysis
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 ... -
Today's News and Commentary
We're in a lull with NDAA news because the conference committee is still thrashing out its language. -
Canada Will Resume Transferring Detainees in Afghanistan to US Custody
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... -
CIA Classified Open Source Organization's Charter
Some things are just too ridiculous to be anything other than true. -
Using Force in Pakistan Without Pakistani Consent: New Developments and Timely Scholarship
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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