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Tag Archives: Adam Smith

Tweaking Senator Paul’s NDAA Detention Language

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Monday, November 19, 2012 at 11:28 AM

In his post on Senator Rand Paul’s proposal regarding citizens and the NDAA, Bobby highlights a recurring and important question: why is it so hard for ostensibly civil libertarian legislators explicitly to oppose the domestic detention of U.S. citizens?  To date, I believe only one bill—that offered by Representatives Adam Smith (D-WA) and Justin Amash . . .
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Lunch Discussion with Congressman Adam Smith at Georgetown

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Wednesday, September 5, 2012 at 7:07 AM

This event, which I just added to the Lawfare Events Calendar, looks interesting: The Georgetown Center on National Security and the Law and the National Security Law Society Cordially invite you to a brown bag lunch discussion with Congressman Adam Smith (D-WA) Discussing National Security, the Constitution, and the Executive Branch “Current law gives the . . .
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Rep. Thornberry on Removing Some Lawful Options While Keeping Others

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Wednesday, June 6, 2012 at 8:38 PM

Raff pointed earlier to a USA Today op-ed by Rep. Mac Thornberry (R-Texas), the Vice Chairman of the House Armed Services committee.  His piece is styled as a response – an “opposing view,” in USA Today parlance – to an editorial in the paper, entitled “Indefinite Detention is Un-american.”  The latter critiques the NDAA, and frets . . .
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House Votes on FY2013 NDAA Amendments: Smith-Amash no, Gohmert-Landry-Rigell, Yes

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Friday, May 18, 2012 at 2:22 PM

The Hill’s Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democrats voted against it, and 19 Republicans voted for it), and endorsed the competing amendment offered by Reps. Gohmert, Landry, and Rigell also in a 243-173 party-line . . .
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The FY2013 NDAA and Domestic Detention–Now With More Misdirection

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Thursday, May 17, 2012 at 12:03 AM

Ben is a far better wordsmith than I–“a little cowardly” communicates a lot more in a lot less than my post from Tuesday afternoon about why the House Armed Services Committee’s version of the FY2013 National Defense Authorization Act does absolutely nothing to ameliorate the domestic detention concerns voiced from both ends of the political . . .
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Retired Admirals and Generals Endorse Smith-Amash Amendment

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Wednesday, May 16, 2012 at 1:00 PM

The debate over the Smith-Amash amendment to the NDAA continues. Yesterday, we posted a letter written by former administration attorneys general criticizing that amendment, among others. Today, it’s twenty-seven retired admirals and generals writing in support of the Smith-Amash Amendment to the 2013 NDAA in a letter organized by Human Rights First. The letter says: . . .
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Some Thoughts on the New NDAA and the Smith-Amash Amendment

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Wednesday, May 16, 2012 at 10:31 AM

I have largely refrained from commenting on the machinations over this year’s NDAA–in part because I’m still a little worn out from last year’s NDAA, and in part because the issue seems to me a bit of tempest in a teapot. But with debate on the bill set to begin tonight, I thought I should . . .
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Once More, With Feeling: The FY2013 NDAA and Domestic Detention

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Tuesday, May 15, 2012 at 2:55 PM

I have thus far stayed fairly mum on the FY2013 National Defense Authorization Act, if for no other reason than the 150 exams (now 80) that I have to grade. That said, there’s an alarming meme emerging from the House Republicans in the discourse over the detention provisions of the FY2013 NDAA that needs to . . .
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A Bad Argument Against Rep. Smith’s Amendment to the NDAA

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Monday, May 14, 2012 at 11:51 PM

As Bobby noted previously, Rep. Adam Smith and others are proposing amendments to this year’s NDAA that would make certain changes to the detention-related provisions implemented by last year’s NDAA.  Among other things, the Smith Amendment would effectively prohibit the military detention of anyone arrested or captured within the United States.  Thus, in order for the USG . . .
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NDAA Moves Forward, “Due Process and Military Detention Amendments Act” Coming Soon

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Thursday, May 10, 2012 at 12:48 PM

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 amendment called the Due Process and Military Detention Amendments Act, which I understand may be sponsored by Representatives Adam . . .
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The Next NDAA: An Overview of Detention-Related Provisions

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Monday, May 7, 2012 at 3:23 PM

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 overview is here, and an accompanying statement for Ranking Member Adam Smith is here. Below I . . .
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Rep. Adam Smith and Sen. Mark Udall Propose NDAA Changes

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Thursday, March 8, 2012 at 10:00 PM

House Armed Services Committee Ranking Member and Sen. Mark Udall have proposed a brief bill that would make two significant changes to the NDAA’s detention provisions. The bill, a fact sheet about which is available here, does two things: First, it requires that any person “who is detained in the United States” shall be “transfer[ed] . . . .
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McKeon and Smith on HASC O&J Recidivism Report

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Thursday, February 9, 2012 at 1:50 PM

House Armed Services Chairman Buck McKeon released the following statement on the detainee recidivism report: House Armed Services Committee Releases Report on Risk Levels in the Release of Detainees from Guantanamo Bay  WASHINGTON – Today the House Armed Services Committee Republicans released a report finding that both the Bush and Obama Administrations assumed a questionable . . .
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HASC Oversight and Investigations Report on Recidivism

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Thursday, February 9, 2012 at 12:37 PM

Back in March 2011, House Armed Services Chairman Buck McKeon and Ranking Minority Member Adam Smith instructed the Subcommittee on Oversight and Investigations to examine transfers and releases of detainees from Guantanamo. The Subcommittee has now released the results of that investigation. The report has four major public “findings” (others are classified and thus not included . . .
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Transcript of House Debate on the NDAA

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Friday, December 16, 2011 at 10:46 AM

You can read the detention-specific portions of the December 14th House debate on the conference report here. Here are some highlights: Congressman Alcee Hastings (D-FL)  presented a strident opposition to the provisions. His comments begin right on page 1: This legislation establishes an authority for open-ended war anywhere in the world and against anyone. It . . .
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Adam Smith’s “Dear Colleague” Letter on the NDAA’s Detention Provisions

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Wednesday, December 14, 2011 at 12:15 PM

Here is a letter  from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA  and advocating for its passage. Dear Colleague: One of the most important issues in the Fiscal Year 2012 National Defense Authorization Act (NDAA) involves detainee issues. I would like to . . .
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My Responses to Questions for the Record After July’s HASC Hearing on Detention Policy

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Wednesday, September 14, 2011 at 4:21 PM

As noted previously, I testified in late July before House Armed Services regarding detention policy, with a focus on the Warsame situation.  I’ve seen received a handful of QFRs from committee members, and thought readers might be interested in seeing what I had to say in response (especially since QFRs and responses aren’t often widely . . .
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The Nuanced Position of Representatives Berman and Smith on AUMF Renewal

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Friday, May 27, 2011 at 9:42 AM

As Raffaela notes below, the NDAA FY12 passed the House yesterday with the AUMF provision, section 1034, intact.  The action now moves on the Senate, and beyond that we have the prospect of negotiations in conference and, of course, the possible veto threat.  So we’ve hardly heard the last of this topic.  And since that . . .
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House Armed Services Subcommittee Investigation

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Friday, April 1, 2011 at 9:20 AM

The House Armed Services Committee has formally assigned a subcommittee to investigate recidivism and treatment issues related to transfers from Guantanamo. In this letter to Reps. Rob Whitman and Jim Cooper–the chairman and ranking member respectively of the Subcommittee on Oversight and Investigations–full committee Chairman Buck McKeon and Ranking Member Adam Smith assigned the subcommittee to . . .
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Thoughts on Thursday’s HASC Hearing

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Sunday, March 20, 2011 at 10:39 AM

I have now had the chance to go over a transcript of Thursday’s House Armed Services Committee hearing on detention policy, at which Pentagon General Counsel Jeh Johnson and Deputy Defense Secretary William J. Lynn III both testified. Video of the hearing is available here. Chairman McKeon’s opening statement is available here. The following are . . .
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