Let’s start with the NDAA. As Ben noted yesterday, the Senate voted to retain provisions requiring mandatory military custody of terrrorism suspects, report the New York Times and the Los Angeles Times. Raffaela has posted a bunch of legislative materials … Read more »
As so many of you have found our earlier post of the Senate debate over the NDAA useful, we wanted to offer legislative materials related to the Senate’s deliberations. I will continue to update this post with new materials, as … Read more »
…yet it did get 30 “yea” votes.… Read more »
As I noted the other day, I invited Pepperdine law professor Gregory McNeal to write a guest post summarizing his new article on U.S. targeting standards. He sent in the following:
Thanks to Lawfare for allowing me to write
The amendment to the Senate NDAA by Senator Mark Udall to strip out the detention provisions of the bill has gone down. The vote, 37 for it, and 61 against, wasn’t even close.… Read more »
First off, a bit of administrative business concerning the news and commentary feature going forward. While I was camped out in my undisclosed location, Ritika handled the news. Now that I am back, she and I will be sharing the … Read more »
FBI Director Robert S. Mueller III has written a letter to SASC Chairman Levin voicing the FBI’s concerns over §1032 of the current version of the NDAA.
The FBI’s concerns are twofold (quoting the letter):
First, by establishing a presumption
The government has filed a reply brief in the dispute over whether Ali Hamza Ahmad Suliman al Bahlul’s counsel, Michel Paradis, properly represents Al Bahlul in the D.C. Circuit appeal of his military commission conviction and sentence. The earlier briefs in … Read more »
Brief Reviews:
Three Books on Combatants, Civilians, and Prisoners of War
Prisoners in War
Ed. Sibylle Scheipers (Oxford 2010)
The Treatment of Combatants and Insurgents under the Law of Armed Conflict
Emily Crawford (Oxford 2010)
Welcome back. I hope you ate your fill of turkey and pumpkin pie, and if you were one of the fearless souls who braved the Black Friday mobs, that you returned home triumphant, in one piece, and without having pepper sprayed anyone—and eager for … Read more »
Four Five amicus briefs have been filed in the D.C. Circuit on behalf of Salim Ahmed Hamdan, who is appealing in that court the Court of Military Commission Review’s affirmance of his conviction.
In no particular order, they are:
I had an op-ed over the weekend arguing that last week’s Defense Department report to Congress – which announced for the first time a policy of using offensive cyber weapons in response to threats or uses of significant cyber weapons … Read more »
Lawfare Book Review Editor Kenneth Anderson is planning, in short order, to launch a new feature flagging and recommending must-read scholarship in the world of national security and law—a matter on which Ken will have more to say in the … Read more »
Over the past month, according to data from Google Analytics, Lawfare‘s readership has hailed overwhelmingly—as always—from the United States (nearly 86 percent of visitors). Readers from the United Kingdom clock in second (about 2.4 percent of our visitors). And … Read more »
Senator Mark Udall of Colorado is pushing an amendment to the NDAA to strip the bill of its detainee-affairs provisions and require further study of the relevant issues from both the executive branch and relevant congressional committees. Here is the … Read more »
