Granted, the NDAA FY'16 has just been vetoed, and there probably aren't enough votes in Congress to override. But should it be the case that a deal gets worked out on the budget squabble, we may well see a version of it signed into law eventually. What else is interesting about it, besides the GTMO transfer constraints?
Latest in congressional oversight
When critics of the Iran Nuclear Agreement Review Act are confronted with the fact that the Act delays the President's ability to implement U.S. sanctions relief under the Iran Deal for 60 days, they sometimes switch to arguments about why the politics of the Act are nonetheless bad. I am skeptical of the Deal, but I think the politics of the Review Act are good, on balance.
We have the Iran Nuclear Review Act to thank for the upcoming congressional and national debate on the Iran deal. Had Congress not enacted that law, President Obama could have lifted U.S. sanctions today under waivers and related provisions that Congress gave him in the past.
I'm not certain this adds value, but I've decided to give Storify a shot. My first shot at it uses the platform to pull together my posts on the ongoing development of the statutory regime for oversight of kill/capture ops conducted by the military outside of theaters of major ongoing hostilities, along with some accompanying commentary from others and links to news articles and the statute itself. Not particularly different from my regular post here at Lawfare a few hours ago, but a different packaging. My sense is this will be useful in some contexts much more than others.
A little-noticed provision of the National Defense Authorization Act for Fiscal Year 2016 might expand Congressional oversight of kill/capture operations conducted by the U.S. military. The change arguably reflects the ongoing process whereby U.S. involvement in Afghanistan is coming to resemble our involvement in Yemen and Somalia (and we now might add Libya), and constitutes the latest development in the long-running process whereby we are evolving a legal architecture for kinetic operations in situations that are not obviously full-fledged combat operations.