[UPDATE 5/10/12: Whoops.  Careful readers will note that the new bill omits the congressional-notification language from last year's bill...at least in the text of the statute, though not in the explanat...

Yeesh.  Yesterday I noted that Chairman McKeon's NDAA draft includes a "Daqduq rule" -- i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at...

HASC Chairman Buck McKeon today released a draft NDAA for FY '13, which will head to the full committee for markup on the 9th.  The text of the bill as it currently stands is posted here, McKeon's announ...

I’m very excited to join the Lawfare team. As a first post, I’d draw readers’ attention to Jack’s Washington Post op-ed, in which he discusses how candidate Romney might to try to differentiate himself f...

Two new Congressional Research Service reports came out earlier this month concerning the NDAA, thanks to Steve Aftergood of Secrecy News. The first, Detention of U.S. Persons as Enemy Belligerents, is a...

Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...

In March 2011, the Obama administration issued an Executive Order (13567) that created a process of Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization f...

Rumor has it that sometime this week (perhaps as early as tomorrow), Congressmen Scott Rigell (R-VA) and Jeff Landry (R-LA) will introduce a bill titled the "Right to Habeas Corpus Act." In short, the bi...

An important predicate for the legal and political justification for the U.S.

A couple of weeks ago, I poked fun at the Virginia General Assembly's protest legislation aimed at the NDAA and wondered if Gov. Bob McDonnell would veto it. As things turned out, he didn't; he proposed ...

I've gotten a number of interesting responses to my post from earlier today on Virginia's proposed law forbidding state cooperation with NDAA-related detention activity that might impact citizens.

I've been doing my best to ignore to the hysterical, paranoid, delusional howls of rage on both the Right and the Left about the NDAA, but they are starting to reach critical mass in a way that one ignor...