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 quickly, but here’s a quick and dirty summary.
Bottom line: The … Read more »
This just in from the Department of Justice:
Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of the National Defense Authorization Act for FY
I’ve blogged before about S. 2003, the “Due Process Guarantee Act” introduced late last year by Senator Feinstein, which would amend the Non-Detention Act to provide that
An authorization to use military force, a declaration of war, or any
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 description of the NDAA’s impact:
…But here’s what’s new: the new Defense
The US government is considering transferring a group of five Taliban detainees from GTMO to Qatar (to be held there by Qatari authorities) in furtherance of peace negotiations in relation to Afghanistan. Of course, as we all know, Congress has passed all sorts … Read more »
Last year, at this time, I wrote a hot-headed little post objecting the signing statement President Obama issued in connection with last year’s defense authorization act. This year’s signing statement, which Steve posted the other day, seems to me a … Read more »
By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that … Read more »
By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President … Read more »
According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill:… Read more »
A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs.
Two days ago, the Administration released a statement on … Read more »
Stephen Voss, a philosophy professor at Bogazici University in Istanbul, writes in with the following response to Bobby’s and my NDAA FAQ:
The current NDAA contains, in section 1021, legislation that may drastically expand the government’s detention authority. The
Joanne Mariner of Hunter College’s Human Rights Program, writing at Justicia.com, has this lengthy analysis of the NDAA from a human rights and civil liberties point of view. It is the first half of a two-part series.… Read more »
Raha Wala of Human Rights First has rewritten Bobby and my NDAA FAQ. Here is his very commendable effort:
While I agree that much of he public discussion of the NDAA provisions has been hyperbolic, I also think there’s much
The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time—only a few months ago—when the NDAA detention provisions were the obscure province of a small group of national security law … Read more »
In our final installment of NDAA transcripts, we bring you the Senate’s debate on December 15th on the conference report’s detention provisions.
Here are some highlights:
Senators Carl Levin and John McCain tout the strengths of the detention provisions starting on … Read more »
