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...

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...

There's barely a true fact in it, but it's very funny:

Thanks to Ben for the warm introduction, and to the entire Lawfare crew for letting me crash the party. I thought I'd jump into the fray on a bit of a tangent, albeit one that both directly and indirectl...

The following is a continuation of our side-by-side comparison of the House and Senate versions of the NDAA: Prohibition of Detainee Transfer to the United States The House version of the bill (Section 1...

[UPDATE (12/9/11): See here for my updated assessment as to US citizens captured abroad.] On the day that the Senate passed its version of the NDAA, I wrote a post in the morning addressing whether the ...

As the House of Representatives and the Senate head to conference on the NDAA, I thought it might be useful to analyze the similarities and differences between the counterterrorism provisions of the two ...

A redacted version of the cert petition in the case of Hussain Salem Mohammed Almerfedi is now public.