The Senate voted 61 to 36 on Wednesday to table Senator Paul Rand’s (R-KY) amendment to the 2018 NDAA, which would have repealed the 2001 and 2002 Authorization for Use of Military Force (AUMF).
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Expanding Congressional Oversight of Kill/Capture Ops Conducted by the Military: Section 1036 of the NDAA
The 2017 NDAA contains interesting information on the little-known, emergent oversight architecture associated with kill/capture operations conducted by the military in locations other than areas of "theaters of major hostilities."
Oversight of DOD Kill-Capture Missions Outside Theaters of Major Hostilities: What May Change Under the Next NDAA?
Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the former as compared to the latter. The NDAA often addresses CT oversight relating to DOD activities, however, and this year is no exception. What follows below is an attempt to provide a user-friendly guide to the proposals on the table.
I. Increasing the pace of quarterly operational briefings regarding CT:
On November 25th, President Barack Obama signed the 2016 NDAA into law.
Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in part on his objection t
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?
President Barack Obama has followed up on his promise to veto the 2016 National Defense Authorization Act.
This discussion took place this morning at Brookings. Brookings described it as follows:
On Thursday, the Senate Armed Services Committee passed its markup of the annual defense authorization bill by a vote of 22-4. Shortly after the vote, committee chairman Senator John McCain told reporters that “very importantly, this legislation contains a bipartisan compromise on the issue of the detention facility at Guantanamo Bay.” Some news outlets apparently read more into this than they should have.
A markup of the FY2016 defense bill---which includes, as per usual and among other things, provisions restricting transfers of Guantanamo detainees---will get underway at 10:00 a.m. at the House Armed Services Committee.
Embedded video is below; a copy of the Chairman's mark can be found here. (Interested readers can find NDAA-related background here, too.)