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Tag Archives: National Defense Authorization Act

What is the Domestic Legal Basis for Planned Cyberattacks in Syria?

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Tuesday, February 25, 2014 at 8:12 AM

David Sanger reports that the Pentagon and the NSA planned a sophisticated cyberattack aimed at “the Syrian military and President Bashar al-Assad’s command structure” that “would essentially turn the lights out for Assad.” He also reports that President Obama declined to go forward with the attacks then or since because of uncertainty about the proper role of offensive . . .
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Motions on Clapper‘s Implications for Standing in the Hedges Second Circuit Appeal

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Saturday, April 6, 2013 at 1:35 PM

Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a similar argument last May, before the Court decided Clapper.) Hedges, you will recall, is a challenge to the . . .
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How the Rules Changed on Women in Combat—A Legislative and Executive History Primer

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Saturday, January 26, 2013 at 9:17 AM

To considerable fanfare, departing Defense Secretary Leon Panetta and Joint Chiefs Chairman Gen. Martin Dempsey announced this week the decision to lift the ban on woman serving in combat units. Panetta stated: “General Dempsey and I are pleased to announce that we are eliminating the Direct Ground Combat Exclusion rule for women and we are moving . . .
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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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Administration Statement of Policy on Senate NDAA Bill

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Thursday, November 29, 2012 at 4:09 PM

Here’s the Obama Administration’s statement of policy regarding the Senate’s version of the NDAA for FY2013.   The document begins as follows: The Administration appreciates the Senate Armed Services Committee’s continued support for our national defense and supports a large number of the provisions in S. 3254, the National Defense Authorization Act for FY 2013, . . .
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New York Times Renews Call for Guantánamo Prison Closure

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Monday, November 26, 2012 at 3:33 PM

As Ritika noted earlier today, the New York Times editorial page has renewed its call for the Obama administration to close the prison at Guantánamo Bay. (I’ll take it from Ben’s lack of snark that he judges the Times to have gotten its facts right, so onward with the merits of its argument.) Taking the . . .
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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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Detainee Recidivism in Afghanistan

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Tuesday, November 30, 2010 at 10:27 AM

I’m surprised this statistic does not get more attention.  The Pentagon’s annual report to Congress on “Progress Toward Security and Stability in Afghanistan” ( required by § 1230 of the National Defense Authorization Act for FY08), states: The current recidivism rate [for released detainees in Afghanistan] is 1.2 percent. CJIATF-435 assesses that reintegration programs are . . .
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