Senators John McCain, Lindsey Graham, and Kelly Ayotte---who jointly filed an amicus brief in the Hedges appeal---are asking for argument time in the coming Second Circuit oral argument.

So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of "Subtitle D---Counterterrorism"---along with an explanation ...

Another noteworthy development in the conference version of the NDAA is section 1025.  Think of this as a new direction in the congressionalization of detention operations in Afghanistan. What do I mean...

Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week...and then, on to the White House.  The full text is available...

Here is the White House's supplemental consolidated report regarding the deployment of U.S. armed forces.  The report is addressed to the Speaker of the House, and was---in the President's words---"prepa...

The American Bar Association's Standing Committee on Law and National Security has released audio recordings of its recent conference in Washington.

A colleague just pointed this out to me today.  Buried in the Senate-approved NDAA is Section 936, which would require the Pentagon to "establish a process" for defense contractors that have classified i...

The Congressional Research Service published on December 4 a report entitled “Detention of U.S. Persons as Enemy Belligerents,” which the Federation of American Scientists has posted. Its summary reads: ...

Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...

As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f...

As readers know, last Thursday the Senate approved Senator Feinstein’s amendment to the NDAA, regarding the domestic detention of citizens and lawful permanent residents. That wasn’t all.

One of the things that has struck me about the debate concerning cybersecurity legislation is that we don't have a really good baseline of existing legal authorities for the protection of cyberspace.  Sl...