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Category Archives: NDAA

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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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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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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HASC Chairman’s Mark of the 2014 NDAA

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Tuesday, June 4, 2013 at 2:34 PM

Apropos of Jack’s post: here’s the Chairman’s mark of the National Defense Authorization bill for 2014. Among many, many other things, the draft legislation requires the Secretary of Defense to notify congressional defense committees, afterwards, of certain kill or capture operations conducted by the armed forces abroad.  The bill also calls for the Secretary to submit . . .
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The President’s Speech: Lawmakers React to Obama’s Renewed Transfer Efforts

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Friday, May 24, 2013 at 2:45 PM

Among the policies President Obama announced in his speech: a renewed commitment to transfer detainees to third countries, where possible. To that end, he said he would appoint a new GTMO-focused envoy at the Departments of State and Defense.  (Recall that the State Department office responsible for transfers was closed earlier this year and its primary staffer re-assigned). . . .
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The Washington Post, the AUMF, and Self-Defense

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Thursday, May 16, 2013 at 11:16 AM

Ben quotes from this morning’s Washington Post editorial on AUMF reform, the last two sentences of which assert that “Countering the jihadists with intelligence and law enforcement tools manifestly failed before Sept. 11, 2001. Congress would be wise to ensure that this president and his successors have the authority they need to defend the country.” There are at . . .
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After the AUMF, the Pithier Version…

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Thursday, May 16, 2013 at 1:45 AM

For those who’d prefer the shorter version of Jen Daskal and my draft paper on life “After the AUMF,” we’ve got a short op-ed out in today’s New York Times with a far less alliterative title: “Don’t Expand the War on Terror.”

Daskal and Vladeck Working Paper on “After the AUMF”

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Wednesday, May 15, 2013 at 6:15 AM

In advance of Thursday’s Senate Armed Services Committee hearing on the 2001 Authorization for the Use of Military Force (AUMF), Jen Daskal and I have expanded upon our exchanges with Bobby, Jack, Matt, and Ben in a new (draft) working paper titled “After the AUMF,” a copy of which is available here. The paper is . . .
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A Quick Guide to the Lawfare Debate Over a New AUMF

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Wednesday, May 8, 2013 at 2:33 AM

As Andrew Rosenthal noted in yesterday’s New York Times, things seem to be heating up in Congress with respect to whether–and to what extent–the September 2001 Authorization for Use of Military Force (AUMF) needs to be updated, repealed, and/or replaced. To that end, the Senate Armed Services Committee has now scheduled a hearing on the same . . .
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Libya(?) and the Case for a New AUMF

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Wednesday, March 20, 2013 at 11:56 AM

While we appreciate Ben’s answer to our question (and share his view that we’re reaching the point of the conversation where everything has been said and everyone has said it), we still fail to understand how the Libya example illuminates what Ben—and Bobby, Jack, and Matt—think are the “problematic” aspects of an approach that requires . . .
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A Question for Ben

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Wednesday, March 20, 2013 at 10:18 AM

Ben writes that it is the “political reality” that “any president is going to feel obliged to maintain counterterrorism on offense,” i.e., counterterrorism through military means, “and Congress—whining, carping, complaining all the way both that the president is being too aggressive and that he is not being aggressive enough—will go along with it, indeed, will insist . . .
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After the AUMF, III: A Surreply to Jack

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Tuesday, March 19, 2013 at 12:28 AM

It’s quickly becoming apparent that we and Jack appear to be talking past each other on the merits of the Chesney/Goldsmith/Waxman/Wittes (CGWW) proposal for a new framework statute for “extra-AUMF threats.” In Jack’s final response, for example, he frames “the fundamental disagreement” between us and CGWW as the fact that we “believe that when the . . .
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After the AUMF, II: Daskal and Vladeck Reply

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Monday, March 18, 2013 at 7:16 PM

We appreciate Jack’s quick and comprehensive clarification of his views—and of what the CGWW proposal we critiqued last night seeks to achieve. Like Jack, we want to start by emphasizing the many areas of agreement between us and CGWW in order to help illuminate the key points of disagreement. (We’ve also had the benefit of . . .
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After the AUMF: A Response to Chesney, Goldsmith, Waxman, and Wittes

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Sunday, March 17, 2013 at 10:31 PM

In the very first days after the horrific attacks of September 11, 2001, the Bush Administration asked Congress for broad statutory authorization to use military force to “deter and pre-empt any future acts of terrorism or aggression against the United States”—that is to say, for statutory authorization of what that Administration called a “Global War . . .
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Drones, Domestic Detention, and the Costs of Libertarian Hijacking

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Thursday, March 14, 2013 at 4:28 PM

The more I reflect on last week’s drone contretemps–and what effect the efforts of Senator Paul and his followers has had / may still have on U.S. policy–the more I have a profound and distressing sense of déjà vu. After all, it was barely 15 months ago that a hitherto-unheard-of coalition between what can safely . . .
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A Statutory Framework for Next-Generation Threats

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Monday, February 25, 2013 at 5:30 PM

Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United States.  It is a theme to which many of us have returned in the intervening years, as unfolding trends and events have exacerbated . . .
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President Obama Signs the NDAA 2013

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Thursday, January 3, 2013 at 8:11 AM

Told you so. President Obama has signed this year’s NDAA–along with a meek kind of signing (whining?) statement. Here is the statement’s discussion of the detention-related provisions–an account of which can be found in my previous post: Several provisions in the bill also raise constitutional concerns. Section 1025 places limits on the military’s authority to transfer third . . .
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Senators Ask for Argument Time in Hedges

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Wednesday, December 26, 2012 at 10:34 AM

Senators John McCain, Lindsey Graham, and Kelly Ayotte—who jointly filed an amicus brief in the Hedges appeal—are asking for argument time in the coming Second Circuit oral argument. They argue: Senate Amici played a leadership role in the drafting and enact- ment of Section 1021 of the National Defense Authorization Act for Fis- cal Year . . .
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What is in the New NDAA, Why it Warrants a Veto, and Why it Probably Won’t Get One

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Saturday, December 22, 2012 at 9:36 AM

So what exactly is in the NDAA conference report that is prompting the agitation for a presidential veto? Here is a quick and dirty summary of “Subtitle D—Counterterrorism”—along with an explanation of why President Obama ought to veto the bill but probably won’t. I’ve flagged in red the provisions that are actually a problem. Section 1021 . . .
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