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Five Thoughts on the Situation
Here are five quick thoughts about the legislative tussling over the AUMF and detention policy following yesterday's House vote to pass the NDAA and its provisions on the subject. First, if it was not c... -
D.C. Circuit Opinion in Al Madhwani
The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama--a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and b... -
Legislative Update
Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor throu... -
Are There Detention Scenarios For Which We Need Some Form of AUMF Update?
The debate regarding AUMF renewal via section 1034 of the NDAA FY12 is about much more than detention authority, but of course it does impact detention authority in various ways. As to that issue, Debor... -
The Nuanced Position of Representatives Berman and Smith on AUMF Renewal
As Raffaela notes below, the NDAA FY12 passed the House yesterday with the AUMF provision, section 1034, intact. The action now moves on the Senate, and beyond that we have the prospect of negotiations ... -
Responses to My AUMF Suggestion
I have received two interesting responses to my post from last night suggesting tweaks to the AUMF reauthorization language. -
Further Tightening the Proposed AUMF Language, and Responding to Additional Objections
I'm in the midst of grading exams for my National Security Law class, and keep finding myself thinking that I should have assigned the draft AUMF language in the NDAA FY12 bill as the basis for an essay ... -
Analysis and Opinions on the AUMF Provision
Politico has two pieces today of interest to Lawfare readers. The first is a lengthy Josh Gerstein & Charles Hoskinson analysis of this week's debate in the House on revising the AUMF. The second, an op-... -
An Easy Fix for the AUMF Language?
Ever since my exchange with Daphne Eviatar and Bobby's post last night, I have been wondering if there's an easy tweak to Rep. Buck McKeon's AUMF reaffirmation language. Specifically, could Rep. McKeon m... -
Veto Threat Whiplash
I confess that I'm a bit bewildered by the aggressiveness of the Statement of Administration Policy on the NDAA--about which Bobby just posted. As Bobby notes, the administration seems to be threatening ... -
White House Threatens Veto on the Defense Authorization Act, Citing Detention and AUMF Related Provisions
Very interesting. The six-page Statement of Administration Policyrelating to HR 1540, the proposed National Defense Authorization Act for FY 2012, is here. There are many objections, requests, and veto... -
Cert. Denied in Khadr v. Obama (Concerning Deference to the Executive on GTMO Transfer Decisions Implicating a Risk of Torture)
Over the dissent of Justices Breyer and Sotomayor (no separate opinions), the Supreme Court today denied cert. in Khadr v.
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