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Category Archives: Detention: Law of: Legislative Development

The SSCI Report and Its Critics: Torturing Efficacy

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Tuesday, December 16, 2014 at 9:59 AM

Polarization surrounding the SSCI Report (see here for Lawfare’s coverage) has been most pronounced on the efficacy of enhanced interrogation techniques (EITs). The Report and its supporters have proclaimed that EITs never produce useful information. Unfortunately, that pat assertion undermines the possibility of a consensus on future interrogation tactics, including a consensus that rules out . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Five

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Friday, December 12, 2014 at 9:36 PM

Here is the fifth and final installment in our running, side-by-side comparison of the twenty findings and conclusions of the Senate Select Committee on Intelligence’s Study on the CIA’s Detention and Interrogation Program—along  with responses by the Committee Minority and the CIA. Summaries of Study findings seventeen through twenty can be found below.  By way of reminder, . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Four

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Thursday, December 11, 2014 at 4:25 PM

In this post, we proceed with Lawfare’s ongoing, side-by-side comparison of the SSCI Study’s key findings, and responses to them by both the SSCI Minority as well as the CIA. By way of reminder, the SSCI’s Study made twenty findings and conclusions about the CIA’s detention and interrogation practices after 9/11—twelve of which the blog has summarized so . . .
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CIA Director Brennan Delivers a Statement on SSCI Report

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Thursday, December 11, 2014 at 1:28 PM

At approximately 1:40 p.m., John Brennan, the Director of the Central Intelligence Agency, will make a statement on the SSCI’s detention and interrogation study.  Here’s the CSPAN video: Here is the text of Brennan’s remarks: It was 8:46 a.m. on the morning of September 11th, 2001, when the North Tower of the World Trade Center . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 3

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Wednesday, December 10, 2014 at 7:49 PM

Below you will find the third in our running comparison of broad areas of agreement and disagreement as between the Executive Summary to the Senate Intelligence Committee’s Study on the CIA’s Detention and Interrogation Program, the report by the Committee’s Minority, and the response by the CIA itself.   The Study, you’ll recall, sets forth . . .
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Senator Mark Udall Now Speaking on the Senate Floor

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Wednesday, December 10, 2014 at 11:13 AM

We only have a C-Span link thus far, but will embed video, and post a transcript, when and if one or the other becomes available. The outgoing Democrat and member of the Senate Intelligence Committee is addressing the Committee’s Study, released yesterday; and, among other things, the search of Committee staffers’ computers by the CIA. . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 2

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Tuesday, December 9, 2014 at 9:46 PM

Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA’s detention and interrogation program. As you surely know by now, all three today released long-anticipated reports regarding the CIA’s post-9/11 detention and . . .
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The Obviously Unconstitutional Cotton Amendment

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Thursday, June 19, 2014 at 4:30 PM

Among the proposed amendments to the DOD appropriations bill currently under consideration in the House of Representatives is this doozy, courtesy of Arkansas Rep. Tom Cotton: None of the funds appropriated or otherwise made available by this Act may be used to transfer or release any individual detained at United States Naval Station, Guantanamo Bay, . . .
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The Uncertain Future of Military Detention Authority as “Combat Operations” in Afghanistan End

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Tuesday, May 27, 2014 at 4:23 PM

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will indeed sign the new Bilateral Security Agreement (which both leading candidates have pledged to do), the US will: – reduce its presence to 9800 . . .
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Guantanamo Provisions in Compromise 2014 NDAA

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Tuesday, December 10, 2013 at 8:31 AM

Monday evening, Senate and House armed services committee leaders announced that a compromise has been largely reached with regard to the 2014 National Defense Authorization Act. Among those matters included in the bill is the future of Guantanamo. Here is a summary of the provisions in the NDAA that relate with Guantanamo, as described in . . .
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This Evening’s Vote on NDAA Amendments Regarding GTMO

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Tuesday, November 19, 2013 at 6:16 PM

This evening, the Senate voted on two GTMO-flavored amendments to the FY2014 National Defense Authorization Act. One amendment was put forth by Senators Carl Levin and John McCain, and would have (among other things) liberalized the NDAA transfer regime so as to permit, at least in principle. trials of Guantanamo detainees in the United States.  (UPDATE: . . .
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Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO

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Sunday, July 21, 2013 at 10:19 PM

Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO.  So reports Carol Rosenberg, here. Let me say first that this is a very welcome development, albeit one that was too slow in coming (here is Ben asking . . .
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House vs. Senate on the NDAA

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Sunday, June 30, 2013 at 4:05 PM

Raffaela has already posted on both the House of Representatives‘s and the Senate‘s versions of this year’s NDAA–highlighting their differences with regards to Guantanamo detentions and transfers. But I wanted to emphasize the point, which seems to me both very important and potentially offering a major breakthrough in the politics of Guantanamo. In the past, both . . .
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The Senate Armed Services Committee’s GTMO Transfer Provisions in the 2014 NDAA

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Tuesday, June 25, 2013 at 11:22 AM

Last week, the Senate Armed Services Committee (SASC) approved its version of the National Defense Authorization Act for FY2014. (The House passed its iteration a week earlier.) The House version left intact the same prohibitions on the transfer of detainees held at Guantanamo out of the detention facility as in previous defense authorization bills. The SASC, by . . .
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Announcing Lawfare‘s First E-Book: Lawfare on the National Defense Authorization Acts

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Monday, June 24, 2013 at 6:02 AM

We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. The book, edited and with a narrative introduction by Alan, is a collection of 114 of Lawfare‘s previously published posts on the 2011–2013 NDAAs and the Southern District . . .
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2014 NDAA Passes the House, With Many Amendments

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Friday, June 14, 2013 at 4:00 PM

Over the last 24 hours, the House debated and voted on nearly 200 amendments to the National Defense Authorization Act of 2014 (H.R. 1960). Many of these amendments were approved via “voice vote” (there was no formal recording of how members voted); quite a few others were approved en bloc (grouped together and voted on . . .
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Rep. Smith’s proposed NDAA amendments on Guantanamo and Indefinite Detention

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Thursday, June 13, 2013 at 12:36 PM

This week, Rep. Adam Smith (D-WA) filed two amendments to the National Defense Authorization Act for 2014 (H.R. 1960).  The first, co-sponsored by Rep. Jerrold Nadler (D-NY) and James Moran (D-VA), provides a framework to close the Guantanamo Bay detention facility by December 31, 2014 (full text here).  Smith advances a six-part plan for achieving . . .
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White House Threatens Veto of NDAA

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Wednesday, June 12, 2013 at 10:51 AM

OMB has issued a Statement of Administration Policy (SAP) pointing out White House objections to various elements in pending NDAA legislation (H.R. 1960, the HASC NDAA FY’14 bill), and threatening to veto the legislation if changes are not made.  There are, of course, many different points of contention.  I’ll highlight two sections of the SAP . . .
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Sunsetting the AUMF: Rep. Schiff’s Proposal

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Monday, June 10, 2013 at 12:54 PM

Pardon the interruption from all-things-surveillance, but pursuant to our back and forth with Bobby, Jack, Matt, and Ben on the merits of a new AUMF, Representative Adam Schiff, a senior member of the House Intelligence Committee, is planning to introduce legislation tomorrow that we think is worth taking a look at.  It sunsets a repeal of . . .
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Transcript of HASC Debate on GTMO Transfer Amendment

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Friday, June 7, 2013 at 10:22 AM

The House Armed Services Committee was hard at work marking up the National Defense Authorization Act for the upcoming fiscal year. We have a transcript of the debate over Democratic Congressman Adam Smith’s amendment to the bill on Wednesday. It would have significantly departed from recent practice, by allowing GTMO detainees to be transferred to facilities . . .
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