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...

Wells is exactly right--and Senators Levin and Graham are exactly wrong--about the implications of last night's Senate vote approving Senator Feinstein's amendment to the FY2013 National Defense Authoriz...

Here it is ... this version is dated November 21, 2012, so it seems to be the current iteration:  White House Draft Executive Order (Dated 11-21-12).  Analysis to follow .....

[Updated 3:08 p.m] Last night, the Senate approved Senator Dianne Feinstein's amendment (No.

Here's the Obama Administration's statement of policy regarding the Senate's version of the NDAA for FY2013.   The document begins as follows: The Administration appreciates the Senate Armed Services Com...

You want 'em?  We got 'em. Here are some more counterterrorism-relevant amendments to the Senate's version of  NDAA 2013---all offered by Senator Sessions: Nos. 3009 (conditioning the availability of ce...

Apropos of the amendment proposed by Senator Feinstein and others, and tonight’s NDAA discussion in the Senate, here’s a quick review of S. 3254, the NDAA 2013 bill that the Senate Armed Services Committ...

Senator Dianne Feinstein---along with Senators Lee, Coons, Collins, Paul, Lautenberg, Gillibrand, and Kirk---have introduced this amendment to the current NDAA, now on the Senator floor.