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Category Archives: Guantanamo: Legislation

U.S. Delegation Asserts Article 16 of Convention Against Torture Applies Outside U.S. Territority in Certain Circumstances, but Law of Armed Conflict “Takes Precedence” In Situations of Armed Conflict

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Wednesday, November 12, 2014 at 2:10 PM

As previewed by Charlie Savage in the New York Times this morning, the U.S. delegation appeared before the Committee Against Torture in Geneva today and announced a modest but important change in the U.S. Government position regarding extraterritorial application of Article 16 of the Convention Against Torture (which prohibits cruel, inhuman, and degrading treatment in . . .
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So What Does the New Republican Majority Mean for National Security Issues In Congress?

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Wednesday, November 5, 2014 at 4:17 PM

The result is no surprise: Republicans now control both houses of Congress—or, at least, they will come January. I’ll leave it to others to dissect how we should understand last night’s electoral results in political terms, what it means for President Obama, the 2016 election, or the future of American politics. Here I want to focus . . .
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Signing Statements, the Commander in Chief Power, and Guantanamo Closure

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Friday, October 10, 2014 at 4:00 PM

According to the Wall Street Journal,  the President’s people are “drafting options” to bring about Guantanamo’s closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.  Or not: Vice’s Jason Leopold reports that NSC Spokeswoman Caitlin Hayden today said the Administration does not know what “‘new press . . .
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Unilateral Executive Action to Close Guantanamo? Bah!

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Friday, October 10, 2014 at 10:32 AM

The estimable Carol E. Lee and Jess Bravin, over at the Wall Street Journal, are reporting this morning that: The White House is drafting options that would allow President Barack Obama to close the detention facility in Guantanamo Bay, Cuba, by overriding a congressional ban on bringing detainees to the U.S., senior administration officials said. Such a . . .
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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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Josh Gerstein on Piracy and Terrorism Trials

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Monday, February 10, 2014 at 3:42 PM

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article—which quotes Jen Daskal and Cully Stimson, among others—opens: The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — . . .
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President Obama Signs 2014 NDAA, Releases Statement on GTMO Provisions

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Thursday, December 26, 2013 at 5:18 PM

The president’s statement today upon signing the 2014 National Defense Authorization Act focuses almost exclusively on the provisions related to the detention facility at Guantanamo Bay. He acknowledges the more flexible transfer provisions, but concludes that they may violate separation of powers principles. Here’s the full text of the statement: Statement by the President on . . .
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This Year’s NDAA: A Big Win for the Administration on Guantanamo

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Tuesday, December 10, 2013 at 10:26 PM

I have only had a chance to look briefly at the Guantanamo-related provisions of the House-Senate compromise NDAA, but the text looks to me like a big win for the Obama administration—and for common sense. The administration will cast this as a step forward for closing Guantanamo. I don’t care a fig about whether Guantanamo . . .
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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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Relaunch of the GTMO Periodic Review Boards

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Wednesday, October 9, 2013 at 3:11 PM

Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO. DOD breaks the news here (text reprinted below the fold).  Of course, I wrote something similar back in June, which tells you something about how slow this . . .
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That “Secret” White House Plan to Close Guantanamo

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Friday, August 23, 2013 at 7:47 PM

A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo. The two-page document was circulated to members of Congress in advance of a July 24th Senate Judiciary hearing on the matter. The document was not made available publicly, but the Press Freedom Association has . . .
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Sens. Durbin and Feinstein Don’t Address the Toughest Guantanamo Questions

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Thursday, August 15, 2013 at 10:59 AM

Like David Remes, but with different assumptions and for different reasons, I was disappointed with Senators Durbin and Feinstein’s op-ed purporting to offer a plan for closing Guantanamo.  As I’ve argued here recently, proposals of this sort – transferring many detainees to foreign countries and moving the rest into the United States for trial or . . .
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David Remes Responds to the Feinstein/Durbin Op-ed on Closing GTMO

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Wednesday, August 14, 2013 at 6:30 PM

David Remes, the longtime GTMO defense lawyer, wrote in with comments on Senators Feinstein and Durbin’s op-ed in today’s L.A. Times entitled, “How to close Gitmo”: The oped is quite disappointing. In brief, the Senators argue that even though GTMO detainees are monsters, it’s safe to bring them to the US or transfer them to other . . .
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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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CA2 Decides Hedges, Concludes that Plaintiffs Lack Standing

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Wednesday, July 17, 2013 at 11:36 AM

The opinion, which I’ve only now begun to skim, is here.  From the decision’s opening paragraphs:  On December 31, 2011, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2012. Section 1021 of that statute, which fits on a single page, is Congress’ first—and, to date, only—foray into providing further clarity on that . . .
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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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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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