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Rep. Adam Smith and Sen. Mark Udall Propose NDAA Changes
House Armed Services Committee Ranking Member and Sen. Mark Udall have proposed a brief bill that would make two significant changes to the NDAA's detention provisions. The bill, a fact sheet about which... -
Text of the Attorney General's National Security Speech
As promised, Attorney General Holder delivered an address on law and national security today at Northwestern Law. The speech covered an array of topics, including a defense of the legitimacy of military... -
How Government Silence Undermines Terrorism Policies: Part II
Attorney General Eric Holder will apparently give a public address on Monday that will provide a fuller explanation and justification for the government's policies on targeted killings, including for the... -
Gregory McNeal on the 1022 Procedures
Writing over at Forbes, Pepperdine law professor Gregory McNeal has this thoughtful piece about the President's policy directive. It contains some interesting ruminations on the breadth of some of the wa... -
Andrew Cohen on the 1022 Implementation Procedures
Over at The Atlantic, Andrew Cohen offers this analysis of President Obama's implementation procedures for Section 1022 of the NDAA. -
Some Initial Reflections on Today's Due Process Guarantee Act Hearing
While the experience is fresh, I thought I'd share some reflections on this morning's Senate Judiciary Committee hearing on the Due Process Guarantee Act. -
Initial Comments on the Implementing Procedures for NDAA Section 1022
Raffaela earlier posted the President's implementation procedures for Section 1022 of the NDAA--that is, the not-so-mandatory military detention provision. I have only had a chance to read it over quickl... -
Wednesday's SJC Hearing on the Due Process Guarantee Act
I've blogged before about S. -
Wikileaks, Government Prosecutions, Secrecy
In his NYT column today, Bill Keller argues that Wikileaks “was a hell of a story and a wild collaboration, but it did not herald, as the documentarians yearn to believe, some new digital age of transpar... -
War Rhetoric and the Obama Administration
[Update: Mary replies to this post here.] Ben's commentary on Mary Dudziak's NYT piece has generated this reply from Mary, in which she raises several interesting questions. As a general proposition, I... -
Selecting Between Civilian and Military Prosecution Options in the Shadow of the NDAA
NPR had a story today concerning the process of selecting between civilian and military commission prosecution options. It's an important topic. Unfortunately, the story included the following mistaken... -
Worth Repeating: The NDAA's "Mandatory Detention" Provision Doesn't Actually Bar Civilian Prosecutions
Brian Jenkins of RAND sharply criticizes the NDAA's detention provisions in this short piece at Foreign Affairs.
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