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Tag Archives: Buck McKeon

Oversight & JSOC: Withholding Funds to Force Disclosures on Targeting Process?

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Tuesday, May 6, 2014 at 12:00 PM

Has DOD failed to comply with its statutory obligation to explain to Congress how the executive branch decides which groups and persons are within the scope of the AUMF? HASC Chairman McKeon has released the Chairman’s Mark for the National Defense Authorization Act for Fiscal Year 2015 (“NDAA FY’15″),  HR 4435.  As always there is . . .
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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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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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Letter from former U.S. Security Officials On those 2013 NDAA Amendments

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Tuesday, May 15, 2012 at 4:29 PM

Over at DefCon Hill, Jeremy Herb shares a letter written by former Attorneys General Edwin Meese III and Michael Mukasey and former Secretary of Homeland Security Michael Chertoff to House Armed Services Committee Buck McKeon criticizing the various amendments that members of Congress plan to introduce tweaking the detention provisions of the 2013 NDAA. They . . .
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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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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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More on the Next NDAA: Military Activities in Cyberspace

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Tuesday, May 8, 2012 at 12:31 PM

[UPDATE 5/10/12: Whoops.  Careful readers will note that the new bill omits the congressional-notification language from last year’s bill…at least in the text of the statute, though not in the explanatory statement.  I explain here.] Another item of interest in the draft NDAA FY13 released by Chairman McKeon today concerns military activities in cyberspace.  Readers . . .
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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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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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Udall Amendment on NDAA

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Friday, November 25, 2011 at 5:47 PM

Senator Mark Udall of Colorado is pushing an amendment to the NDAA to strip the bill of its detainee-affairs provisions and require further study of the relevant issues from both the executive branch and relevant congressional committees. Here is the amendment, and here is Sen. Udall’s statement about it. As Lawfare readers know, my feelings . . .
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An Additional Thought on Defeating Al Qaeda Core

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Thursday, November 24, 2011 at 9:23 AM

I have one thought to add to Bobby’s observations yesterday about the legal implications of finishing off the Al Qaeda core in Pakistan. House Armed Services Committee Chairman Buck McKeon has taken a beating for his supposedly radical idea of updating the AUMF. But if you take Bobby’s point seriously, and I do, the real problem with . . .
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McKeon Letter to Obama on Detainee Provisions of the NDAA

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Tuesday, October 25, 2011 at 12:12 PM

Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration’s earlier Statement of Administration Policy (“SAP”) criticizing the detention-related provisions in the pending bills.    

My Testimony on Detention/Prosecution Policy for Tomorrow’s HASC Hearing

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Tuesday, July 26, 2011 at 12:22 AM

On Tuesday morning, the House Armed Services Committee is holding a hearing titled “Ten Years After the 2001 AUMF: Current Status of Legal Authorities, Detention, and Prosecution in the War on Terror.”  I’m not sure if it will be webcast, though I hope it will.  The other witnesses include former Attorney General Mike Mukasey, former DoD . . .
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Since When Is the President Supposed to Enforce Unenacted Statutes?

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Tuesday, July 19, 2011 at 10:08 PM

Earlier today, Raffaela noted a letter, sent by the Chairs of various House Committees to the President, regarding the latter’s approach to the Warsame case.  Unsurprisingly, the letter critiqued the Administration on various grounds. Fair enough. But it’s worth pausing over one of those grounds, if only for amusement value. Among other things, the authors say . . .
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Letter to Obama Regarding Warsame from House Committee Chairs

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Tuesday, July 19, 2011 at 11:59 AM

Several House committee chairs have sent this letter regarding the Warsame case to President Obama. Their primary concerns are summed up in the first full paragraph of the second page: We are concerned that the lack of a comprehensive military detention system will continue to have numerous detrimental results, including: incentivizing lethal operations over law of . . .
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My Reply To Empty Wheelerman I

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Friday, July 8, 2011 at 8:44 AM

I promised yesterday that I would collect and post my thoughts in response to Spencer Ackerman’s and Marcy Wheeler’s comments on drones and debates. Rather than try to take on the many big themes they raise in a single marathon post, I’m going to break it up and try to address them separately in two . . .
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A Showdown with Congress over Warsame?

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Wednesday, July 6, 2011 at 7:28 AM

Bobby has already noted that the administration’s handling of the Warsame case would not have been possible had either the suspect set foot in Guantanamo Bay under current law or if pending congressional efforts to mandate military detention or military commissions for terrorist suspects were to go into effect. So, apparently, has House Armed Services . . .
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White House Response Paper on AUMF Reauthorization

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Thursday, June 23, 2011 at 5:19 PM

Politico’s Josh Gerstein is reporting: A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S. is in an endless war with Al Qaeda, the Taliban and similar groups, the White House argues in a legislative position paper obtained by POLITICO. The aggressively-worded White House . . .
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Why No Veto Threat Here?

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Tuesday, May 31, 2011 at 6:04 PM

The administration just issued a Statement of Administration Policy on a DHS appropriations bill (H.R. 2017), which contains a spending restriction similar to one of the Guantanamo transfer restrictions that provoked the administration’s recent veto threat with respect to the McKeon legislation. Yet oddly, this time, there is no veto threat. The provision in question . . .
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