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Tag Archives: Lindsey Graham

Why the Hostility to Civilian Justice Anyway?

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Wednesday, June 18, 2014 at 9:19 AM

I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I’m hung up on a different point: Why are so many conservatives so married to the idea that detention or military justice is the right answer here? Every time we capture a terrorist suspect now, . . .
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Michael Lumpkin (ASD-SO/LIC) on Revisiting the AUMF and Article II as a Backstop

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Friday, March 14, 2014 at 6:10 PM

The slow-boil debate regarding the fate of the 2001 AUMF continues.  The subject came up on March 11 when Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict (SO/LIC) Michael Lumpkin testified before the Senate Armed Services Committee.  Micah Zenko has very helpfully posted key passages from the transcript here, and these are the lines that . . .
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A Bad Idea Recycled

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Wednesday, October 9, 2013 at 11:56 AM

If a capture comes, can calls to send the terrorist to Guantanamo be far behind? Apparently not. ABC News is reporting that GOP Senators Lindsey Graham, Kelly Ayotte, and Saxby Chambliss are calling for Abu Anas al-Libi to be taken to Guantanamo Bay: Republican Senators Lindsey Graham, Kelly Ayotte and Saxby Chambliss said today it was . . .
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A Quick Primer on AUMFs

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Sunday, September 1, 2013 at 6:06 AM

Via Ilya Somin at Volokh, I see that the administration has proffered its proposed Authorization for the Use of Military Force (AUMF) for Syria.  Now it is Congress’s turn to decide what proposal(s) it wants to debate and possibly approve.  And it appears that the scope of the authorization will be an issue in Congress. . . .
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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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Senator Graham on Tsarnaev and Miranda

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Tuesday, April 23, 2013 at 10:54 AM

Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House’s decision not to treat Dzhokhar Tsarnaev as an “enemy combatant.” A transcript is below. GRAHAM: Thank you for coming. I understand at 2:50, we’re going to have a moment of silence as a nation for the victims in Boston. . . .
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Four Reasons Sens. Graham and McCain are Wrong

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Saturday, April 20, 2013 at 9:47 AM

Sens. Lindsey Graham and John McCain were quick out of the box last night in declaring that the Obama administration should hold Dzhokar Tsarnaev in military detention: Now that the suspect is in custody, the last thing we should want is for him to remain silent. It is absolutely vital the suspect be questioned for intelligence gathering purposes. . . .
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Should Abu Ghaith Have Been Sent to GTMO? Senators Ayotte and Graham (Still) Think So

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Friday, March 15, 2013 at 2:36 PM

Wednesday on the Senate floor, three senators spoke about the Obama administration’s decision to prosecute, in a federal court, Osama bin Laden’s son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Republican Senators Kelly Ayotte and Lindsey Graham unsurprisingly opposed this approach, and argued instead that Abu Ghaith should have been sent to GTMO for interrogation, . . .
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On Graham, Ghaith, and Detention Rules That Don’t Exist

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Friday, March 8, 2013 at 10:54 AM

Further to Ben’s points on Senators Ayotte and Graham, note that the latter suggests that the Administration did something improper, in its handling of Sulaiman Abu Ghaith: “To bring this person to New York City, if that’s what happened, without letting Congress know is a very bad precedent to set,” Graham said. “The Congress has . . .
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A Memo to Sens. Graham and Ayotte

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Friday, March 8, 2013 at 8:19 AM

Over at Politico, Ginger Gibson is reporting that: Sens. Lindsey Graham (R-S.C.) and Kelly Ayotte (R-N.H.) criticized the Obama administration on Thursday over reports that an al-Qaeda leader had been brought to New York. According to The New York Times, Osama bin Laden’s son-in-law Sulaiman Abu Ghaith was captured and will be in a New York court . . .
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Senator Graham’s Threat to Block Hagel/Brennan Nominations

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Monday, February 11, 2013 at 9:37 AM

Senator Lindsey Graham threatened yesterday to block confirmation of Chuck Hagel and John Brennan unless President Obama provides more information about his knowledge of the Benghazi attacks. I have great respect for Senator Graham, a staunch conservative and strong military supporter who has tried to build bipartisan bridges on many national security and international issues. But blocking the . . .
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More from Senate Amici on Oral Argument in Hedges

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Wednesday, January 9, 2013 at 2:23 PM

From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit.  (The Hedges plaintiffs had opposed amici’s request to take part.) Interestingly, the Senators’ counsel highlight their clients’ unique institutional position relative to that of the executive . . .
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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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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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Amicus Brief Filed in Hedges by Senators McCain, Graham, and Ayotte

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Wednesday, November 14, 2012 at 3:23 PM

Attorneys for Senators John McCain, Lindsey Graham, and Kelly Ayotte—all members of the Senate Committee on Armed Services—have filed an amicus brief in support of the government in Hedges v. Obama.  (Background here.) From the brief’s “Introduction and Summary of Argument” section: Because “detention to prevent a combatant’s return to the battlefield is a fundamental incident . . .
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The Unpersuasiveness of the Case for Cybersecurity Regulation – An Introduction

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Thursday, May 17, 2012 at 12:35 PM

My friend, Jack Goldsmith, wonders whether my earlier post about the pending Congressional proposal to regulate cybersecurity was a reference to General Alexander’s failure to persuade Senator McCain of the merits of a regulatory program, or an expression of my own view.  He rightly concludes that it was a little bit of both – mostly . . .
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Some Initial Reflections on Today’s Due Process Guarantee Act Hearing

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Wednesday, February 29, 2012 at 6:01 PM

While the experience is fresh, I thought I’d share some reflections on this morning’s Senate Judiciary Committee hearing on the Due Process Guarantee Act. [The SJC hearing page has copies of the witness statements (including my own), and should eventually have a working link to the webcast.] Off the cuff, I thought the hearing was . . .
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“If They Do That, Then All Hell Breaks Loose”

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Thursday, February 2, 2012 at 9:59 AM

From Reuters: One Republican lawmaker said public opposition would escalate sharply if and when the administration formally notified Congress it intends to transfer the prisoners, who come from the highest ranks of the Afghan militant movement. “If they do that, then all hell breaks loose. There’s just no way,” the lawmaker said on condition of . . .
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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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