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Federal Judge Enjoins Section 1021 of the FY2012 NDAA
Out today, a 68-page opinion from Judge Katherine Forrest of the U.S. District Court for the Southern District of New York, entering a preliminary injunction barring the federal government from enforcing... -
Retired Admirals and Generals Endorse Smith-Amash Amendment
The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it's twe... -
Some Thoughts on the New NDAA and the Smith-Amash Amendment
I have largely refrained from commenting on the machinations over this year's NDAA--in part because I'm still a little worn out from last year's NDAA, and in part because the issue seems to me a bit of t... -
White House: Unspecified Concerns Re NDAA FY'13 Provision on Military Activities in Cyberspace
The White House SAP on HR 4310 (NDAA FY'13) also has a brief reference to the proposed "military activities in cyberspace" provision, but it does little more than flag that the White House intends to eng... -
White House Threatens Veto of NDAA FY'13 Bill in Relation to Detainee Provisions
The White House has issued a SAP (Statement of Administration Policy) threatening to veto HR 4310 (the NDAA FY '13) on various grounds, including objections to the detainee provisions found in sections 1... -
Letter from former U.S. Security Officials On those 2013 NDAA Amendments
Over at DefCon Hill, Jeremy Herb shares a letter written by former Attorneys General Edwin Meese III and Michael Mukasey and former Secretary of Homeland Security Michael Chertoff to House Armed Services... -
Once More, With Feeling: The FY2013 NDAA and Domestic Detention
I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade. -
A Bad Argument Against Rep. Smith's Amendment to the NDAA
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 on the "Military Activities in Cyberspace" Provision in the HASC NDAA Bill
[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... -
NDAA Moves Forward, "Due Process and Military Detention Amendments Act" Coming Soon
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 Virginia NDAA Law: An Exchange
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 ... -
More on the Next NDAA: Military Activities in Cyberspace
[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...
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