On Monday, night the Senate passed its version of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. It now heads to conference for reconciliation with the House version. The Senate version is packed with interesting provisions relating to military operations in the cyber domain, and I’ll be writing separately about most of those items shortly.
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A recent story from Bryant Harris at Al-Monitor reveals growing tension between the Trump administration and House Democrats over congressional travel to parts of the Middle East and South Asia.
On Tuesday, the D.C. Circuit Court of Appeals heard oral argument in Al-Alwi v. Trump. Chief Judge Merrick Garland, Judge Karen LeCraft Henderson (joining remotely) and Judge Thomas Griffith reviewed the D.C. District Court’s dismissal of Guantanamo detainee Moath Hamza Ahmed al-Alwi’s second habeas petition.
Last week, Lawfare covered the release of a new war powers report required by the National Defense Authorization Act (NDAA) for fiscal year 2018.
Editor's note: Several hours after we published this post, the report described below became available online courtesy of The New York Times. The Times also provides more details on the previously undisclosed Dec. 6, 2017 attack in Niger noted briefly in the report and below: Nigerien and U.S.
President Donald Trump has signed the National Defense Authorization Act for fiscal year 2018. Read the conference report here and Lawfare's previous coverage highlighting parts of the bill here. The president's signining statement is below:
Last Thursday, the conference committee for the National Defense Authorization Act (NDAA) for fiscal year 2018 filed its report reconciling the differences between the House and Senate versions of the legislation adopted earlier this year, completing one of the final steps in the NDAA process.
The conference report for the National Defense Authorization Act (NDAA) for fiscal year 2018 was released on Nov. 9. You can read the full document below:
The Senate voted 61 to 36 on Wednesday to table Senator Paul Rand’s (R-KY) amendment to the 2018 NDAA, which would have repealed the 2001 and 2002 Authorization for Use of Military Force (AUMF).
Expanding Congressional Oversight of Kill/Capture Ops Conducted by the Military: Section 1036 of the NDAA
The National Defense Authorization Act for Fiscal Year 2017 ("NDAA") is likely to complete its journey into law this week, and so the time has come to spotlight some of the nuggets in it that might matter to Lawfare readers. One of the most important, in my view, involves 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."