Bobby Chesney is the Charles I. Francis Professor in Law at the University of Texas School of Law, as well as a non-resident Senior Fellow of the Brookings Institution. His scholarship encompasses a wide range of issues relating to national security and the law, including detention, targeting, prosecution, covert action, and the state secrets privilege; most of it is posted here.
Amidst all the discussion of whether and how to amend the House NDAA bill to address domestic captures, I am amazed that I did not notice the Rooney Amendment, which has been adopted. What does it do? Well, it … Read more »
A few reflections on Hedges v. Obama, enjoining at least some aspects of section 1021 of the NDAA:
A Self-Inflicted Wound? Let me begin by saying that I agree with Steve: it does seem from the opinion that the … Read more »
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 engage on that … Read more »
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 1035-43 of the bill (summarized by me previously here) (h/t … Read more »
An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed—a case that receives little attention, but is in fact quite important. Ahmed is an … Read more »
Writing at Foreign Policy, Chris Rogers of Open Society Foundations criticizes Afghanistan’s plans for a non-criminal detention system (something occurring as part of the process of the U.S. turnover of the DFIP to Afghan control). The critique sounds in both absolute terms … Read more »
[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 reporting to SASC and HASC of DOD’s significant cyberspace activities … Read more »
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 things, debate over an … Read more »
[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 explanatory statement. I explain here.]
Another item of interest … Read more »
Yeesh. Yesterday I noted that Chairman McKeon’s NDAA draft includes a “Daqduq rule” — i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at the DFIP in Afghanistan out of U.S. custody. I called it … Read more »
HASC Chairman Buck McKeon today released a draft NDAA for FY ’13, which will head to the full committee for markup on the 9th. The text of the bill as it currently stands is posted here, McKeon’s announcement and … Read more »
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and the judge has now issued an opinion … Read more »
Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments. Alas, we seem to be speaking past one another in various ways (for example, I critiqued what I … Read more »
Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force. It is an interesting and provocative post, leading me to share a few thoughts in response.… Read more »
THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________________________________________________________________________________________________________
EMBARGOED UNTIL DELIVERY
April 30, 2012
Remarks of John O. Brennan – As Prepared for Delivery
Assistant to the President for Homeland Security and Counterterrorism
Woodrow Wilson International Center … Read more »
