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White House Statement: No Veto on NDAA
The White House has issued the following statement announcing that--and why--it will not veto the NDAA: Statement from the Press Secretary on the NDAA Bill We have been clear that “any bill that chall... -
Robert Mueller Remains Concerned about NDAA
Check out this post from Josh Gerstein of the Politico describing FBI Director Robert Mueller's fears about how the NDAA conference report--even with the latest changes--will still "muddle the roles of t... -
Adam Smith's "Dear Colleague" Letter on the NDAA's Detention Provisions
Here is a letter from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA and advocating for its passa... -
The New York Times Calls Lawfare "Invaluable"
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff! On a more serious note, here's the money quote: Latif is the next great Guantánamo case--whether the Su... -
UK Court Permits Habeas for US-Held Detainee in Afghanistan (Sort of)
An interesting Afghanistan habeas decision today, from the UK: Yunus Ramhmatullah v. Secretary of State for Foreign and Commonwealth Affairs et ano. (Court of Appeals (Civil Division)). In an opinion b... -
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...
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