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Tag Archives: Carl Levin

The Long, Classified War

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Wednesday, July 24, 2013 at 9:21 AM

A recent cluster of stories – on al Qaeda’s growth, dispersion, and resilience, on the USG’s increased use of surveillance drones outside of “hot war zones,” on the USG possibly ramping up secret war in Somalia, and on the covert action to arm certain Syrian rebels – got me wondering about the debate in May on the proper scope of the AUMF.  . . .
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Congress Must Figure Out What Our Government Is Doing In The Name of the AUMF

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Friday, May 17, 2013 at 10:02 AM

A common assumption in the debate about the appropriate legal regime for extra-AUMF threats is that the AUMF is cabined and cannot be extended to newly threatening Islamist terrorist threats.  Yesterday’s SASC hearing exploded this assumption.  The hearing made clear that the Obama administration’s long insistence that it is deeply legally restrained under the AUMF . . .
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Memo to the Press: Just Shut Up About Jonathan Fredman

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Sunday, March 31, 2013 at 7:59 PM

The quotation is apparently too sexy to resist—too sexy even to Google its speaker’s name before running with it. A single Google search would, after all, yield this article by Stuart Taylor Jr. in National Journal—an article that should put any journalist on notice that the quotation by a career CIA lawyer named Jonathan Fredman is . . .
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Domestic Military Detention After the (New) Feinstein Amendment

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Friday, November 30, 2012 at 6:57 PM

Wells is exactly right–and Senators Levin and Graham are exactly wrong–about the implications of last night’s Senate vote approving Senator Feinstein’s amendment to the FY2013 National Defense Authorization Act. Wells linked to the amendment, but here is the relevant language of what would be new 18 U.S.C. § 4001(b): (1) An authorization to use military . . .
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Can Congress be Express Without Being Explicit? Senate Debate on the NDAA’s Domestic Detention Provision

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Friday, November 30, 2012 at 12:09 PM

[Updated 3:08 p.m] Last night, the Senate approved Senator Dianne Feinstein’s amendment (No. 3018) to the pending NDAA bill, regarding the military detention of citizens and lawful permanent residents.  The vote was 67-29. As Lawfarers well know by now, the amendment says that authorizations to use force and like statutes will not authorize the military detention of . . .
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Sens. Feinstein and Levin Respond to Jose Rodriguez

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Monday, April 30, 2012 at 11:15 AM

I had not seen this statement from Sens. Dianne Feinstein and Carl Levin when I posted the video of Jose Rodriguez’s interview.

The NDAA: The Good, the Bad, and the Laws of War–Part II

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Saturday, December 31, 2011 at 4:48 PM

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 many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization . . .
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The NDAA: The Good, the Bad, and the Laws of War–Part I

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Saturday, December 31, 2011 at 4:43 PM

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 has just signed into law.  One of the major disputes concerns whether and howi the NDAA . . .
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Senate Debate on the NDAA Conference Report

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Monday, December 19, 2011 at 11:03 AM

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 pages 1 and 3, respectively. Senator McCain acknowledges the collaboration the conference committee had with . . .
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Mueller Letter Regarding Concerns over NDAA §1032

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Tuesday, November 29, 2011 at 10:24 AM

FBI Director Robert S. Mueller III has written a letter to SASC Chairman Levin voicing the FBI’s concerns over §1032 of the current version of the NDAA. The FBI’s concerns are twofold (quoting the letter): First, by establishing a presumption of military detention for covered individuals within the United States, the legislation introduces a substantial . . .
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“Please read the damn bill” (Senate debate on the NDAA)

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Monday, November 21, 2011 at 2:31 PM

Having now returned from my undisclosed location, here’s a transcript of the Senate floor debate on the NDAA. The Senate debated the bill on Thursday and Friday. This transcript, helpfully includes only those portions of the debate that relate specifically to the detention provisions. Senate Armed Services Committee Chairman Carl Levin introduced as follows:    Mr. LEVIN. Mr. President, on . . .
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Is the President’s Veto Threat Credible?

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Monday, November 21, 2011 at 6:24 AM

Ben wrote last week about the Administration’s threat to veto the Defense Authorization Bill, in large part because of its detainee transfer and related provisions.  As Josh Gerstein notes, “whether for political reasons or due to some complex internal dynamics, the administration seems at this point willing to put up more of a public fight over detainee-related strictures than it . . .
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Meta-Correction

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Tuesday, October 25, 2011 at 9:24 AM

May God bless their little souls. The poor dears really are trying. The New York Times editorial page has now corrected its correction. This is getting meta, and this post will be incomprehensible to those have not read my earlier post and updates concerning the Times‘ Sunday editorial and its factual difficulties. But here goes. After first correcting one error (the . . .
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The New York Times Runs a Correction on an Editorial!

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Sunday, October 23, 2011 at 10:34 AM

I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows: This article has been revised to reflect the following correction: Correction: October 22, 2011 An earlier version of this editorial misattributed the authors of the Senate measure. It . . .
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Senate Armed Services Language on Detainee Matters

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Sunday, June 19, 2011 at 9:16 AM

The Senate Armed Services Committee announced Friday that it had completed its markup of the National Defense Authorization Act for FY 2012. Committee Chairman Carl Levin, in the press release accompanying the bill, declared that “The bill contains a bipartisan compromise provision regarding detainee matters that provides a statutory basis for the detention of individuals captured in . . .
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More on Libya and the WPR: McKeon’s Letter to the President, and a Proposed Senate Resolution

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Wednesday, May 25, 2011 at 8:18 AM

Further to this post on the President’s letter to Congress (and its significance in light of the War Powers Resolution, or “WPR”), here are two recent and quite post-worthy developments regarding military action in Libya.  First up is a letter which Congressman Howard P. “Buck” McKeon, Chairman of the House Armed Services Committee, sent to the . . .
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