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White House SAP Threatens Veto over NDAA Detainee Provisions
Well, apropos of my prior post, the White House has in fact now issued a veto threat in relation to the detainee provisions in the NDAA. The full text of the SAP is here, and the detainee-relevant langu... -
Veto Threats and the NDAA
I was just reading a piece by Adam Serwer (Mother Jones) regarding the NDAA detainee provisions, and came across this pithy line from Ben: "If Congress is going to take the president seriously, it has to... -
Why the New Senate Detention Language Still Stinks
The Senate's new NDAA language changes almost nothing. Yes, there are some technical adjustments, which Bobby has described in detail, and some of these may serve to lessen slightly the irrational burden... -
Another Change to Section 1031 of the SASC NDAA Bill
Two weeks ago, I had a few posts discussing the scope of detention authority authorized under section 1031 of the then-pending SASC version of the NDAA, in response to Steve Vladeck's concern that the la... -
The Evolving UK Approach to Litigating Cases Involving State Secrets
The UK for some time has been wrestling with the problem of civil litigation that implicates states secrets. Foreign Minister William Hague addressed the issue eloquently in this speech, which in releva... -
Section 1031 of the NDAA and Other Issues It Raises
Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and... -
The Consequences of an Afghan Drawdown on Detention Authority
Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti... -
Detention Authority and Section 1031 of the NDAA
In a post on the American Constitution Society's blog, Steve Vladeck takes aim at section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. If you'... -
Scott Horton on the “Pyrrhic” Victory Over Gaddafi [UPDATED]
Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint... -
McKeon Letter to Obama on Detainee Provisions of the NDAA
Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli... -
A Call for Debate on the Merits of the Mandatory Military Custody Provision of the NDAA
The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats... -
The New York Times Runs a Correction on an Editorial!
I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows: This article has been revised to reflect the foll...
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