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 … Read more »
So we learn from this announcement, released this afternoon by the Department of Defense:
Secretary of Defense Chuck Hagel has designated Honorable Paul L. Oostburg Sanz to serve as the convening authority for military commissions.
Mr. Oostburg Sanz is
… Read more »
In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than … Read more »
The distraction of the NDAA and the drone controversy led me to miss two other important lawfare developments in December: the Obama Administration asserted immunity for foreign government official defendants in two Alien Tort Statute lawsuits.
Of the two assertions … Read more »
As Ben noted the other day, the Obama administration issued a signing statement on the new NDAA arguing that its Guantánamo detainee-transfer restrictions are unconstitutional as a violation of the separation of powers. The language is similar to last year’s … Read more »
Told you so. President Obama has signed this year’s NDAA–along with a meek kind of signing (whining?) statement. Here is the statement’s discussion of the detention-related provisions–an account of which can be found in my previous post:
… Read more »
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 … Read more »
The government has filed its reply brief in Hedges. The new brief rounds out the briefing, joining the government’s opening brief and the appellees’ brief—along with a bunch of amicus briefs. It opens:
We explained in our
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Another noteworthy development in the conference version of the NDAA is section 1025. Think of this as a new direction in the congressionalization of detention operations in Afghanistan.
What do I mean by congressionalization? I admit I just made that … Read more »
As Bobby has already noted the conference report on the NDAA was filed last night. Some readers may recall that I was concerned about section 936 of the Senate version of the bill – a provision that requires Defense contractors … Read more »
A bunch of amicus briefs filed in Hedges—and a lot of red meat for NDAA-haters from that special libertarian land where Left and Right meet.
Here’s the Rutherford Institute, which argues that “The National Defense Authorization Act, . … Read more »
Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week…and then, on to the White House. The full text is available here. As for the highlights, … Read more »
Yesterday, plaintiffs in Hedges v. Obama asked Justice Ruth Bader Ginsburg to vacate the stay entered by the Second Circuit. The district court permanently enjoined enforcement of Section 1021(b)(2) of the NDAA, but the Second Circuit quickly blocked that ruling… Read more »
A colleague just pointed this out to me today. Buried in the Senate-approved NDAA is Section 936, which would require the Pentagon to “establish a process” for defense contractors that have classified information on their networks to report any … Read more »
To the day’s tally of important national security law filings, add this: the appellees’ brief in Hedges v. Obama.
The below comes from the brief’s argument section:
Comparing the text of the two enactments shows that the NDAA §1021(b)(2)
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First up: on Monday the Hedges plaintiffs, with the United States’ consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had requested the delay a few days prior; the clerk, … Read more »
[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 … Read more »
The Obama administration has threatened to veto the NDAA if it contains provisions that continue to restrict transfer or Guantanamo detainees into the United States or to other countries, and NSC spokesman Tommy Vietor — reiterating the President’s recent statements … Read more »
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
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You want ‘em? We got ‘em.
Here are some more counterterrorism-relevant amendments to the Senate’s version of NDAA 2013—all offered by Senator Sessions: Nos. 3009 (conditioning the availability of certain funds for the Executive Office of the President on prior … Read more »
Apropos of the amendment proposed by Senator Feinstein and others, and tonight’s NDAA discussion in the Senate, here’s a quick review of S. 3254, the NDAA 2013 bill that the Senate Armed Services Committee unanimously approved earlier this year.… Read more »
Senator Dianne Feinstein—along with Senators Lee, Coons, Collins, Paul, Lautenberg, Gillibrand, and Kirk—have introduced this amendment to the current NDAA, now on the Senator floor.
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 … Read more »
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 … Read more »
I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term. But there’s one aspect of how Jack frames the discussion that I disagree with somewhat. … Read more »