As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year's NDAA that would make certain changes to the detention-related provisions implemented by last year's NDAA.  Am...

[UPDATE: If one looks at the draft NDAA provisions approved by the HASC Emerging Threats Subcomittee (Chairman Mac Thornberry, Hook 'Em), there is at section 942 a provision calling for quarterly reporti...

A quick note updating readers on the progress of the draft NDAA FY'13:  Chairman McKeon's bill passed HASC last night in the wee hours.  Next stop: the floor, where we are likely to see, among other thin...

The other day, David Rivkin and Cully Stimson had this oped in the Washington Post on the recently-passed Virginia law that seeks to prohibit state cooperation with detentions of American citizens under ...

[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...